New Delhi: The Delhi High Court recently quashed criminal proceedings registered against a man facing charges of raping a minor under the Provisions of the Protection of Children from Sexual Offences (POCSO) Act, noting that there is no criminal intent involved in the act and the minor child was in love with the accused and they got married and two children were born out of the wedlock.
“In offences under section 376 (punishment for rape) of IPC or under POCSO Act, the Court must be circumspect while quashing the FIR (First Information Report) as these are offences against society, even when a compromise has been reached. But at the same time, the court cannot overlook that both the parties i.e. respondent No. 3/prosecutrix and petitioner No. 1 (accused) are married and have children born from the wedlock,” Justice Jasmeet Singh observed while quashing the case against the man.
Allegations in FIR were made by the father of the minor child
The allegations in the FIR were made by the father of the minor child that his daughter, who was aged about 16 years on the date of the incident, had been kidnapped by the man and subsequently, a case was registered against the man and the charge-sheet was filed before the trial court.
The minor girl, who is now 25-year-old, her complainant father and the man were present before the court and both the parties stated that they have entered into a settlement out of their own free will, volition and without any threat, force, undue influence or coercion. The girl and her father said that they have no objection if the FIR against the man is quashed.
It was a case of love affair, minor and her father told High Court
The girl and her father also stated before the High Court that it was a case of love affair. It was further stated that on the date of the incident, the girl was 16-year-old and the accused was 19-year-old, and thereafter, both of them got married in the year 2019 according to Muslim rites and customs and have two minor children born out of the wedlock.
The State vehemently opposed the quashing of the FIR against the accused on the ground that the allegations are serious in nature being under section 376 of IPC.
There is no criminal intent involved in the act: High Court
“In the present case, the respondent No. 3 (girl) who is present in court has herself made the statement that she wants to put a quietus to the matter without any undue influence, threat, pressure or coercion and out of her own free will. Further, there is no criminal intent involved in the act and it is not a case where there was a forceful physical relationship with the minor child on the date of incident. The minor child was in love with the petitioner and thereafter they both got married and two children are stated to be born from the wedlock,” the High Court said.
“I am convinced that quashing of such proceedings on account of compromise would bring about peace and would secure ends of justice. In the peculiar facts and circumstances of this case, this court does not see any fruitful purpose if criminal proceedings are permitted to be prosecuted any further. In this view of the matter, there is no reason to continue the proceedings,” Justice Singh further said while quashing the FIR and all consequential proceedings emanating from the FIR.
