Kerala High Court Quashes Charges In POSCO Case – Ends of Justice Demand Compromise

Kerala High Court, presided over by the Honorable Mr. Justice Gopinath P., has quashed charges against an accused individual, marking a significant development in the legal landscape. The judgment, delivered on December 21, 2023, has garnered attention for its profound observations on the importance of justice, compromise, and the well-being of those involved.

The case revolved around allegations against the petitioner, who had been charged under various sections of the Indian Penal Code and the Protection of Children from Sexual Offences Act (Amended), 2012, 2019. The allegations included sexual abuse and the withdrawal from a proposed marriage.

The court, in its observations, stated, “There is yet another category of cases where though the victim alleged that the sexual assault or rape was forceful or against her will, later, they settled the dispute, got married, and led a peaceful life. Allowing prosecution to continue in those cases would only result in the disturbance of their happy family life.”

The court emphasized that the key factor in such cases is ensuring that the compromise is voluntary and in the best interest of the individuals involved. It further stated, “The court must consider whether the allegations prima facie constitute the ingredients of the offense, whether the settlement is in the best interest of the minor victim, and whether the continuance of the proceedings against the accused and the participation of the minor victim in that proceedings would adversely affect the mental, physical, and emotional well-being of the latter.”

Notably, the court referred to a previous judgment in Vishnu v. State of Kerala [2023 (4) KHC 1], which played a pivotal role in shaping the court’s decision in this case.

In the present case, the petitioner and the victim had not only settled their dispute but had also solemnized their marriage, which was a significant development during the course of the proceedings.

Taking into account all these factors, the court exercised its jurisdiction under Section 482 of the Code of Criminal Procedure (Cr.P.C.) and quashed all further proceedings against the petitioner in Crime No.622 of 2023.

Date of Decision: December 21, 2023

XXXXXXXXXX VS  STATE OF KERALA