‘Would only break a happy family’: Allahabad HC quashes 2016 POCSO case against man

A case was registered under sections 363, 366, 504, and 506 of the IPC and Sections 7/8 of the Protection of Children from Sexual Offences (POCSO) Act.

The woman, in her statement before the magistrate, however, said that she had accompanied the accused to Mumbai of her own volition and claimed she was a major. She also stated that she intended to solemnise her nikah (marriage) with the accused and alleged that her family members had lodged a false case. She categorically stated that no sexual intercourse had taken place between them and that she returned home upon learning that the FIR had been lodged. The woman underwent a medical examination, and the report indicated that no injuries were found on her body. The Chief Medical Officer assessed her age to be approximately 18 years.

After recording the statements of the victim and other witnesses, the police submitted a chargesheet. Subsequently, the couple challenged the proceedings of the local court, and the matter was referred to the Mediation and Conciliation Centre, where the parties amicably resolved their dispute and entered into a compromise on October 8, the court added. Thereafter, the man approached the High Court to have the case proceedings quashed. In the meantime, the couple had a child.

“In view of the subsequent development, the criminality, if any, committed by the applicants now stands washed off,” Justice Vivek Kumar Singh of the High Court said, adding, “As such, no useful purpose would be served in prolonging the criminal prosecution of the applicants. On account of the facts, the chances of conviction are now not only remote but also bleak.”

“The trial would only entail loss of judicial time in a futile pursuit, particularly when torrents of litigation drown the courts with an unimaginable flood of dockets,” the judge added.

“Undoubtedly, the marriage of the applicant (accused) and the daughter of the opposite party has been solemnized a long way back, and a child was born in 2018. The married couple has been living under the same roof for a very long time. The dispute has been settled by the parties in the mediation and conciliation centre, and the contesting parties agreed to drop criminal proceedings, including the present one,” Justice Singh observed as he ordered the quashing of the FIR.