Delhi HC Quashes POCSO Case After Victim Marries Accused
The Delhi High Court quashed a POCSO FIR after the minor victim, now married to the accused, stated she wishes to live happily with her family.
In a significant ruling involving complex social dynamics, the Delhi High Court has quashed a First Information Report (FIR) registered under the Protection of Children from Sexual Offences (POCSO) Act. The decision came after the victim, who was a minor at the time the case was filed, expressed her desire to drop the charges, stating that she has since married the accused and is living a settled life.
A Family Living Together
The case, which originated in the South District in 2024, involved serious allegations including rape and violations of the POCSO Act. However, the legal proceedings took a turn when the victim submitted an affidavit to the court. In her statement, she revealed that she is now married to the man originally accused in the case and that the couple has a minor daughter.
The victim informed the court that she is living happily with her husband and does not wish to pursue the criminal proceedings any further. This voluntary "no-objection" became the central pillar of the petition filed to quash the FIR.
Court's Observation on Social Welfare
Justice Madu Jain, presiding over the matter, took note of the unique circumstances surrounding the case. The bench observed that continuing the criminal prosecution would not serve a constructive purpose given the current reality of the parties involved.
The court highlighted several key factors in its decision:
- The Voluntary Consent: The victim provided a voluntary statement and an affidavit expressing her no-objection.
- Family Stability: The parties are currently residing together as a family, including their minor child.
- Welfare of the Child: The court noted the parties' expressed desire to maintain their matrimonial relationship to secure the well-being of their daughter.
"In view of the peculiar facts and circumstances of the present case... continuation of the criminal proceedings would not serve any useful purpose," the bench remarked.
Legal Charges Dropped
Following the petition filed by the husband and others, represented by advocates Anish Mohommad, Irfan, Akhil, and Ashok, the court moved to clear the legal hurdles facing the family. The lawyers argued that the disputes had been amicably resolved and that the wife's consent was given freely.
As a result of the ruling on September 30, the court ordered the quashing of the FIR which included:
- Section 376 of the Indian Penal Code (IPC)
- Section 6 of the POCSO Act
- Sections 9 and 10 of the Prohibition of Child Marriage Act, 2006
The order also extends to all consequential proceedings arising from the FIR, effectively ending the legal battle in the trial court and allowing the family to move forward without the shadow of the criminal case.