The Kerala High Court has dismissed a case filed under the POCSO Act by a wife against her husband, emphasizing that the law should not be misused for personal vendettas. Justice A. Badharudeen observed that frivolous and false litigations with ulterior motives must be quashed at the outset to prevent abuse of the judicial process.
Case Background
The petitioner and the complainant had been in a relationship since 2015, during which the complainant was a minor. They later married legally in 2017. The complainant alleged that the petitioner had subjected her to repeated sexual abuse while she was still a minor, filing charges under the Indian Penal Code (IPC) and the POCSO Act.
However, the petitioner’s counsel argued that the allegations were false and motivated by marital disputes. The counsel noted that no such claims were made during the complainant’s initial case regarding maintenance. The FIR, filed in 2020, came years after the alleged incidents and lacked a reasonable explanation for the delay.
Court Observations
The court highlighted key issues in the case:
- The FIR was filed in 2020, even though the alleged abuse occurred in 2015.
- The couple’s legal marriage in 2017 undermined the allegations of sexual misconduct before marriage.
- The complaint appeared to be an act of revenge following marital discord.
Justice Badharudeen emphasized the misuse of the POCSO Act and stated that the judiciary must intervene to prevent abuse of legal provisions.
Final Verdict
Finding the allegations unsustainable, the court quashed the final report and all related proceedings against the petitioner. It ruled that such cases, based on ulterior motives, are an abuse of the judicial system.
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