Gujarat High Court quashes POCSO FIR after girl says she married the man she ‘eloped’ with when she turned 18

Seeking relief, the man had approached the High Court contending that the criminal case stemmed from family opposition to their relationship rather than any criminal intent.

During the proceedings, the court was informed that the girl had filed an affidavit stating that she and the applicant had been in a relationship and that she had “voluntarily eloped” with him. She further stated that after attaining the legal age for marriage, she married the applicant on February 21, 2026, and was presently residing with him as his wife. A copy of the marriage certificate was also produced before the court.

The victim’s mother, despite being served notice, did not appear before the court even as the Additional Public Prosecutor opposed the petition. Examining the record, the court noted that the affidavit placed before it indicated “there was a love affair between herself and the petitioner and because of the same, she had eloped with the petitioner.”

The court noted that on February 21, 2026, “after she attained the marriageable age, she performed marriage with the petitioner,” and that a copy of the marriage certificate had also been produced on record.

“Having regard to these aspects, the petition deserves to be allowed,” Justice Mengdey held, quashing the FIR.