Case Note & Summary
The petitioners, Anil Venkappa Kushalkar and his wife Surekha, filed a petition under Section 482 CrPC seeking quashing of criminal proceedings in Special Case POCSO No.43/2019 pending before the II-Additional Sessions Judge/Special Judge, Vijayapur. The case arose from Crime No.136/2019 registered at Basavana Bagewadi Police Station for offences under Sections 366 and 376 IPC and Sections 12, 5(L), 5(J)(II) and 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). The first petitioner, Anil, was accused of kidnapping and raping the victim, a minor aged 16 years, and the second petitioner, Surekha, was his wife. The petitioners argued that the victim had voluntarily married Anil and lived with him as his wife, and that the victim's statement under Section 164 CrPC confirmed no force or coercion. The court examined the victim's statement, which stated that she went with Anil voluntarily, married him, and later gave birth to a child. The court noted that the victim was a minor at the time of the incident, but the marriage was valid under personal law. The court held that continuing the prosecution would be an abuse of process of law, as the victim's consent and marriage negated the allegations of kidnapping and rape. The court quashed the proceedings against both petitioners, emphasizing that the victim's welfare and the futility of trial justified the quashing.
Headnote
A) Criminal Law - Quashing of Proceedings - Section 482 CrPC - Consent and Marriage - The court considered whether proceedings under POCSO Act and IPC should be quashed when the victim, aged 16 years, voluntarily married the petitioner and lived with him as his wife, and later gave birth to a child. The court held that continuing prosecution would be an abuse of process of law, as the victim's statement under Section 164 CrPC indicated no force or coercion, and the marriage was valid under personal law. (Paras 2-10) B) POCSO Act - Sexual Offences - Sections 5(L), 5(J)(II), 6, 12 - Marital Rape Exception - The court examined whether the marital rape exception under IPC applies to POCSO Act. The court held that since the victim was a minor, the exception does not apply, but the facts of the case, including the victim's consent and marriage, warranted quashing to prevent abuse of process. (Paras 5-10) C) Indian Penal Code - Kidnapping and Rape - Sections 366, 376 - Consent - The court noted that the victim's statement under Section 164 CrPC clearly stated that she went with the petitioner voluntarily and married him without any force. The court held that the ingredients of kidnapping and rape were not made out, and continuing proceedings would be futile. (Paras 5-10)
Issue of Consideration
Whether criminal proceedings under POCSO Act and IPC can be quashed when the victim, a minor, voluntarily married the accused and later lived with him as his wife, and whether the marital rape exception applies.
Final Decision
The court allowed the petition and quashed the criminal proceedings in Special Case POCSO No.43/2019 pending before the II-Additional Sessions Judge/Special Judge, Vijayapur, for offences under Sections 366 and 376 IPC and Sections 12, 5(L), 5(J)(II) and 6 of POCSO Act.
Law Points
- Consent
- Marriage
- POCSO Act
- IPC
- Quashing
- Section 482 CrPC
- Marital Rape Exception
- Age of Consent
- Victim's Statement
