The Punjab and Haryana High Court has quashed an FIR registered under Section 376 IPC and provisions of the Protection of Children from Sexual Offences (POCSO) Act, noting that the prosecutrix and the accused are now happily married and living together peacefully with their child.
Justice Kirti Singh, while allowing the plea, observed that continuing the criminal proceedings in such circumstances would serve no purpose and would only cause undue harassment to both parties.
“This Court is of the considered view that since the petitioner and the prosecutrix-respondent are now happily married, continuing with the criminal proceedings will cause unnecessary hardship to both,” the judgment stated.
The case originated from a complaint lodged by the victim’s father, alleging that the accused had enticed away his minor daughter. Initially booked under kidnapping charges, the case later invoked Section 376 IPC and relevant POCSO provisions. However, during the trial, the victim turned hostile, refusing to support the prosecution’s version.
Counsel for the petitioner submitted that the couple had solemnized their marriage on January 12, 2023, which was duly supported by a marriage certificate on record. It was also noted that they were blessed with a child on October 15, 2023, and were living a stable family life.
Significantly, counsel representing the complainant and the victim confirmed before the Court that the woman was content and voluntarily married to the petitioner and had no objection to the quashing of the FIR. The State of Punjab, however, opposed the plea, citing the seriousness of the allegations under the POCSO Act.
Pursuant to an earlier direction, both parties appeared before the Additional District and Sessions Judge, Rupnagar, who verified the authenticity of the compromise and confirmed that the marriage was entered into freely and without coercion.
Relying on a series of judicial precedents—K. Dhandapani v. State by Inspector of Police (Criminal Appeal No. 796 of 2022), Tarun Vaishnav v. State of Rajasthan (S.B. Criminal Misc. Pet. No. 6323/2022), and Sonu @ Sunil v. State of NCT of Delhi—the Court noted that in similar factual situations, criminal proceedings have been quashed to prevent disruption of settled family lives. The Delhi High Court in Sonu @ Sunil had emphasized that where relationships between near-major individuals evolve into marriages, courts may intervene to safeguard lives rather than insist on punishment.
Accordingly, the High Court allowed the petition, quashing the FIR and all consequential proceedings against the accused.
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