KAHAR Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners are accused Nos.1 to 3 in Crime No.672/2021 of Chavara Thekkumbhagam Police Station, Kollam District, which is now pending as S.C. No.1359/2022 on the file of the Fast Track Special Court, Karunagappally. The 1 st accused alleged to have committed the offences under Ss. 363 and 376 (2)(n) of the Indian Penal Code and under Sec. 4 r/w. Ss. 3(a), 6 r/w. Sec. 5(j)(ii),(l), 21 r/w.19(1) of the Protection of Children from Sexual Offences Act.

(2.) Allegation which led to registration of Crime No.672/2021 of Chavara Thekkumbhagam police station is that, on 2/1/2021, at about 08.00 A.M, the 1 st petitioner/1st accused kidnapped the victim and committed rape on her, as a result of which she became pregnant. The 2 nd and 3rd petitioners/ who are parents of the victim have been arrayed as the accused on the ground that they did not inform the matter to the authorities. Therefore, they allegedly committed the offences under the provisions of Sec. 21 r/w. 19 of the POCSO Act.

(3.) Learned counsel appearing for the petitioners would submit that the 1st petitioner and the alleged victim were in a relationship. It is submitted that, immediately after the victim attained the age of majority, a marriage was solemnized between the 1st petitioner and the alleged victim. Attention of this Court is drawn to Annexures A4 and A5 which would show that a marriage was solemnized between the 1 st petitioner and the alleged victim on 17/9/2023. It is submitted that a child was born out of the relationship between the 1 st petitioner and the victim. It is submitted that the 1 st petitioner and the victim are now living together as husband and wife with their child and therefore, the continuance of proceedings will not be in the interest of the victim. It is submitted that, in such circumstances, this Court has held in Vishnu v. State of Kerala [2023 (4) KHC 1], that proceedings can be quashed under Sec. 482 Cr.P.C.