Kerala HC quashes POCSO case against man after marriage to survivor

By LE Desk

Kochi, April 27: A Kerala High Court bench headed by Justice K. Haripal has quashed charges of sexual assault against a 22-year-old man in a case registered under the Protection of Children from Sexual Offences (POCSO) Act. The man was now married to the survivor, according to multiple reports. The case was first registered when the survivor was 17 years old, a minor, and the charges included penetrative sexual assault and provisions of POCSO. 

“The Hon’ble Supreme Court has held that in such cases courts should always take a pragmatic view. When the parties themselves settle the dispute and approach the high court for quashing the proceedings, the High Court cannot refuse to invoke its inherent jurisdiction under Section 482 of CrPC,” the court said, observing that the well-being of the couple also necessitated the move, and that public interest would not be hampered by a quash, The Week reported.

The Times of India reported that the accused had petitioned the high court, raising the point of his marriage, and saying that the couple were living as husband and wife. The survivor and her father also filed affidavits agreeing to quash the petition. 

https://www.theweek.in/news/india/2021/04/27/kerala-hc-quashes-pocso-case-against-man-after-marriage-survivor.html