Karnataka High Court quashes Pocso case against man after victim marries accused
The 28-year-old petitioner, who works as a porter, approached the Karnataka High Court to quash the case that was registered by the victim's mother in 2024.
During the hearing at the Karnataka High Court, the sexual assault victim submitted that she was happily living with the accused and her in-laws. (AI-generated image) The Karnataka High Court Tuesday set aside criminal proceedings against a man accused of sexually assaulting a minor girl after the survivor appeared before the court, stating that she had married the accused, was in an advanced stage of pregnancy, and wished to withdraw the case to lead a peaceful married life with him.
Justice Geetha B K, in her order, said, “The subsequent developments after filing the chargesheet are that the victim married the petitioner and is leading a happy married life with him, and she is already in her advanced stage of pregnancy. Thus, to have a peaceful future life between the petitioner and the accused, criminal proceedings against the petitioner shall not be continued.”
The 28-year-old petitioner, who works as a porter, approached the court to quash the case that was registered by the victim’s mother in 2024.
The bench noted that the alleged incident occurred when the victim was 17 years, 11 months, and 21 days old—just nine days short of reaching the age of majority. After she turned a major, the victim chose to live with the petitioner, married him, and they are now leading a happy marital life, which has resulted in her pregnancy, the court said.
He was charged under Sections 363 and 376(2)(N) of the Indian Penal Code, as well as Sections 4 and 6 of the Protection of Children from Sexual Offences (Pocso) Act. The petition was filed during the ongoing trial, during which the victim had appeared in court and did not support the prosecution’s case.
During the hearing at the High Court, the victim submitted that she was happily living with him and her in-laws.
The bench in the order said, “The victim would give birth to a child in a very short period. That newborn baby will not be aware of the facts that happened earlier. If proceedings against the petitioner are not quashed, it would allow abuse of the process of the court.”
Justice Geetha B K noted that the High Court has the inherent authority to quash criminal proceedings if it believes that continuing the case is not in the interest of the parties involved and that justice would be served by quashing the proceedings.
It stated that the complainant, the victim’s mother, did not appear before the court, even after being issued a notice. The bench observed, “This shows that she is not having any objection to this petition. If she is having serious objections, she would have come forward to the court and would have filed her objections.”
Allowing the petition, the bench said, “Under these peculiar facts and circumstances of the case, the proceedings against the petitioner are to be quashed.”
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