The Kerala High Court, in an important order on Saturday (October 25, 2025), quashed a case of rape and offences under the POCSO Act filed against a man. The Court found that the allegations were extremely delayed and appeared to be a calculated move following marital disputes.
Background
This case was related to Crime No. 473/2021 (Thadiyittaparambu Police Station, Ernakulam). The petitioner, who was the accused in S.C. No. 6/2022 (Fast Track Special Court, Perumbavoor), was charged under Sections 363, 366, 370, 354A(1), and 376(1) of the IPC, along with Sections 4 and 8 of the POCSO Act.
According to the prosecution, in August 2013, the accused took the complainant (who was then 17 years old) on a motorcycle to a deserted place away from her home and sexually assaulted her. The complaint further alleged that the accused continued to harass her on several occasions thereafter.
However, the accused stated that this case was falsely fabricated by his former wife and was intended “to harass and take personal revenge.” He sought the quashing of the case under Section 482 of the Criminal Procedure Code.
Court's Observations
Justice C. Pratheep Kumar, after hearing both sides, said that the complainant was not a stranger but the divorced wife of the accused. The two were married on March 8, 2020, but within a few months, on March 12, 2021, the husband pronounced talaq.
Between 2020 and 2021, the complainant had filed several cases against her husband - including two under Section 498A IPC (cruelty) and one under the Domestic Violence Act. All these cases were later settled through mediation and closed.
The Court pointed out that the alleged incidents took place in 2013 and 2014, whereas the complaint was filed only in 2021 - that is, after eight years. The Court said, No credible explanation has been given for such a long delay.
During investigation, it also emerged that on the date of one of the alleged incidents, the accused was attending school. This raised serious doubt over the prosecution’s version. The Court also noted that there was no medical evidence or independent witness in the case.
The judge observed -
“When the complainant herself admits that she continued her relationship with the accused even after attaining majority, and there is neither independent nor medical evidence, continuing the proceedings would amount to misuse of judicial process.”
The Court further stated that the complaint appears to be motivated by a sense of vengeance after the breakdown of marriage.
Decision
The Court concluded that the case was legally unsustainable and that continuing it would be a waste of judicial resources.
In its order, the Court said -
"This complaint, filed after settlement of earlier disputes and after divorce, is completely unreliable and can only be seen as an act of revenge."
Thus, the Kerala High Court allowed Criminal Miscellaneous Case No. 4690/2022 and quashed all proceedings in S.C. No. 6/2022 (Crime No. 473/2021).
Case Title:- Xxxxxxxx v. State of Kerala & Ors.
Case Number:- Crl.M.C No. 4690 of 2022
Date of Order: October 25, 2025
