The Kerala High Court quashed criminal proceedings against an 18-years old youth, accused under POCSO Act, stating that the vagaries of adolescence have taken the form of criminal offence in the case on hand.

The High Court took into account the affidavit sworn in by the victim stating that she intends to continue her romantic relationship.

The Bench of Justice G. Girish observed, “It has to be stated that the vagaries of adolescence have taken the form of criminal offence in the case on hand. Now that neither the victim nor her parents have any complaints against the petitioner. The victim has even stated in the affidavit sworn by her that she is intending to continue her romantic relationship with 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.”

Advocate Navaneeth. N. Nath represented the Petitioner, while Advocate Abhirami S. represented the Respondent.

Case Brief

The Accused filed a petition to quash the proceedings against him. The Prosecution contended that the accused, who was the lover and school mate of the victim girl aged 17 years, kidnapped her from the lawful guardianship of her parents and resorted to penetrative sexual assault on two occasions, on the pretext of false promise of marriage to her.

It was contended by the accused that the matter was amicably settled between the parties, and that neither the victim nor her parents are interested in proceeding with the prosecution.

Court’s Observation

The High Court noted that the victim was in a love affair with the accused and 17 years old when the incident took place. “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”, the Court said.

The High Court held that it would be too harsh and improper to compel the petitioner to face the trial for the offences alleged in this case as the victim herself sworn in an affidavit that she intends to continue her romantic relationship with the accused.

Accordingly, the High Court quashed the proceedings against the accused.

Cause Title: XXX V. State of Kerala (Neutral Citation: 2025:KER:66094)

Appearance:

Petitioner: Advocates Navaneeth. N. Nath and Gautham Krishna E.J.

Respondents: Advocates Abhirami S. and Pushpalatha

Click here to read/download Order


Kerala High CourtJustice G. Girish

Pridhi Chopra

    Pridhi Chopra was earlier practicing as an Advocate in Delhi. She pursued B.A. (H) English from Gargi College, University of Delhi, and subsequently pursued a degree in Law.