Kerala High Court Quashes Criminal Proceedings Against Husband in Pre-Marital Offence Allegations
Allegations of Kidnapping and Assault Prior to Marriage Resolved Through Mediation; Court Deems Continuation as Abuse of Process
In a significant decision, the Kerala High Court has quashed criminal proceedings against Ahamed Shanib V.P., who was accused under the Protection of Children from Sexual Offences Act (POCSO) and various sections of the Indian Penal Code by his wife for alleged offenses committed before their marriage. The judgment, delivered by Justice G. Girish, determined that the continuation of legal proceedings would amount to an abuse of the judicial process given the resolution of disputes through mediation.
The case originated from a complaint lodged by Shanib's wife during a period of marital discord, alleging kidnapping, penetrative sexual assault, and other offenses committed approximately two years before their marriage. The complaint was filed concurrently with her application for maintenance before the Family Court, which had resulted in an ex parte maintenance order. The police investigation led to charges under sections including 366, 376(2)(n), 406, 420, and 506 of the IPC, and sections 6 read with section 5(l) and 12 read with section 11(v) of the POCSO Act.
The petitioner, represented by advocates Shri K.K. Saidalavi and Sri K.K. Nasrul Haque, contended that the allegations were false and that the couple had amicably settled their disputes, executing an agreement to this effect. This settlement was facilitated by the Family Court, Tirur, which referred the couple for mediation.
Justice Girish underscored the uniqueness of the case, noting that the allegations pertained to events alleged to have occurred years before the couple's marriage. The judgment highlighted that once the marriage was solemnized, it implied a mutual condonation of past grievances, as the complainant chose the accused as her life partner despite the purported offenses. The court found that the issues between the couple had been resolved, and continuing the prosecution would only serve to misuse judicial resources.
The ruling emphasized the importance of mediation in resolving marital disputes and acknowledged the agreement between the parties, which included the termination of criminal proceedings. The High Court's decision to quash the proceedings marks a pivotal instance of judicial intervention where mediation and reconciliation took precedence over continued litigation.
This judgment not only provides relief to the petitioner but also reinforces the role of mediation in resolving personal disputes, demonstrating a compassionate approach to complex marital conflicts.
Bottom Line:
Quashing of criminal proceedings under POCSO Act against husband accused of offences alleged by his wife for acts prior to their marriage - Complaint found to be lodged during estranged marital relationship and issues subsequently resolved through mediation - Continuation of proceedings held to be an abuse of process of court.
Statutory provision(s): Indian Penal Code, 1860, Sections 366, 376(2)(n), 406, 420, 506; Protection of Children from Sexual Offences Act, 2012, Sections 6 read with Section 5(l), 12 read with Section 11(v).
Ahamed Shanib V.P. v. State of Kerala, (Kerala) : Law Finder Doc Id # 2794393
