ASHIQ Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the sole accused in S.C.No.533/2015 on the file of the Additional Sessions Court (For the trial of cases relating to atrocities and sexual violation against women and children), Ernakulam, which has been instituted alleging offences punishable under Secs.366A, 376 and Secs.3(a) r/w 4 of the POCSO Act, 2012. The 2nd respondent is CW2 in the charge sheet filed by the Police (Anx.A-1).

(2.) It is now stated that the petitioner and the 2 nd respondent have settled the disputes amicably and that she has no grievance against the petitioner. The petitioner (accused) and the 2nd respondent (victim) have solemnized their marriage on

(3.) 8.2016 as per the provisions of the Special Marriage Act, 1954, as evident from Anx.A-2 Marriage Certificate dated 3.8.2016 issued by the statutory Marriage Officer. Now they have a daughter aged 4 months in the said wedlock. It is in the light of these aspects that the petitioner and the 2 nd respondent urge that the impugned criminal proceedings may be quashed. Learned counsel appearing for contesting respondent No.2 (victim) points out that, since she has already married the petitioner (accused) it will be more in her interest that the impugned criminal proceedings be quashed, as otherwise their marital life will be put into jeopardy, and there will be no one to take care of her as well as her young child hardly aged 4 months. 3. Heard Sri.C.S.Manu, learned counsel appearing for the petitioner (accused), Sri.Saigi Jacob Palatty, learned Prosecutor, appearing for R-1 (State) and Sri.Anoop Joseph, learned counsel appearing for R-2 (victim).