Kerala High Court Quashes POCSO Case Against Youth After Victim Expresses Intent To Continue Romantic Relationship

The Kerala High Court recently quashed criminal proceedings against an 18-year-old man in an alleged case of sexual assault under the POCSO Act, after recording that neither the victim nor her parents had any complaints against him.

Justice G. Girish recorded that in the affidavit filed before the Court, the victim, who is now 18 years old, even expressed her intention to continue her romantic relationship with the petitioner.

The Court noted that the victim and the petitioner were schoolmates who were in a romantic relationship, which turned intimate on a few occasions when the victim was 17 ½ years old, with the full consent of both.

The petitioner was booked under Sections 450 [House trespass in order to commit offence punishable with imprisonment for life], 376(2)(n) [Punishment for rape], 361 [Kidnapping from lawful guardianship], 363 [Punishment for kidnapping], 342 [Punishment for wrongful confinement] and 354A(1)(i) [Sexual harassment] IPC and Section 6 read with 5(l) [Aggravated penetrative sexual assault] and 8 read with 7 [Sexual assault] of POCSO Act.

The judge observed:

"Had those incidents happened six months later, none of the offences alleged in this case could have been attributed to the petitioner since the entire acts took place with the full consent and active participation of the victim girl. It has to be stated that the vagaries of adolescence have taken the form of criminal offence in the case on hand...The continuance of the prosecution is likely to doom the future of the petitioner. On the other hand, there is every chance of the petitioner and the victim uniting after a few years and commencing a peaceful family life which sprouted out of their romantic relationship, if the prosecution proceedings are terminated."

Considering the peculiar circumstances of the case, the Court allowed the petition and quashed the criminal proceedings against the petitioner.

Case No: Crl.M.C. No. 2702 of 2024

Case Title: XXX v. State of Kerala and Anr.

Citation: 2025 LiveLaw (Ker) 551

Counsel for the petitioner: Navaneeth N. Nath, Gautham Krishna E.J.

Counsel for the respondents: Abhirami S., Pushpalatha - Sr. PP

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