Wife Files POCSO Case Against Husband; Kerala High Court Quashes It for Misuse of Law
The Kerala High Court recently quashed a case under the POCSO Act filed by a wife against her husband. The court observed that laws made to protect children are sometimes misused for personal revenge.
Justice A. Badharudeen said the court has the power to stop false and dishonest cases at an early stage using Section 482 of the Criminal Procedure Code (CrPC) or Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
In this case, the woman claimed her husband had sexually abused her when she was a minor, before they got married in 2017. She said the abuse started in 2015 when they were in a relationship.
However, the husband said these claims were false. He told the court that they had a legal marriage in 2017 and there was no sexual relationship before that. He also pointed out that the woman had first filed a complaint asking for maintenance, and only later added the sexual abuse allegations.
The husband’s lawyer said the case was filed out of anger and personal revenge after problems in their marriage. The court also noted that the woman filed the FIR in 2020, five years after the alleged abuse and three years after their marriage, with no clear reason for the delay.
After checking all the facts, the court said the case did not have enough evidence and the charges were not strong. So, the Kerala High Court quashed the final report and ended all legal proceedings against the husband.
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