Delhi High Court Quashes POCSO Charges Against 19-Yr Old Boy For Consensual Relationship With Minor Girl
The Delhi High Court has quashed a First Information Report (FIR) against a 19-year old man for offence of rape against a 17-year old girl by taking into account the circumstances of the case, including that the accused and minor had entered into sexual relations consensually, begotten a child together and that the minor's mother had no objection to the quashing of the FIR.The Court noted...
The Delhi High Court has quashed a First Information Report (FIR) against a 19-year old man for offence of rape against a 17-year old girl by taking into account the circumstances of the case, including that the accused and minor had entered into sexual relations consensually, begotten a child together and that the minor's mother had no objection to the quashing of the FIR.
The Court noted that the minor girl is staying with her parents along with her child and stated that if FIR is not quashed, it would “adversely affect the minor child who needs protection and care from his parents, and destroy the lives of three individuals, the couple and the new born.”
The petitioner/accused was booked under Sections 363 (kidnapping), 366 (kidnapping with intent to wrongfully confine person), 376 (rape), 506 (criminal intimidation) IPC and Section 6 POCSO Act (punishment for aggravated penetrative sexual assault).
The petitioner of 19 years and the minor girl of 17 years claimed that they were family friends and were in a romantic relationship and got married out of their own free will.
It was claimed that they engaged in consensual sexual relations, as a result of which the minor girl got pregnant. When she went to the hospital during the final stages of her pregnancy, the hospital informed the police as she was a minor. Thereafter, an FIR was registered and the petitioner was arrested.
The minor's mother, who is her legal guardian, filed an affidavit stating that she had no objection to quashing the FIR and that comprise was entered between the parties.
The State/respondent opposed the petition and contended that as the prosecutrix was a minor, she was not legally capable of giving consent and that settlement in such cases is not permissible.
Taking into account the statements from all the parties involved, Justice Anish Dayal remarked “The Court had an extensive interaction with the prosecutrix and her parents and it transpires that the parents of prosecutrix were aware about this relationship.”
The Court noted that her parents had expressed concern for her and her baby and that they are “mindful of the lack of maturity and mistake of the daughter” which led to her delivery a child.
The Court noted that various High Courts have previously quashed FIRs in similar circumstances. It cited the case of Tarun Vaishnav v. State of Rajasthan through PP & Anr., 2022, where the Rajasthan High Court quashed the FIR, where 16 year old prosecutrix and 22 year old accused were involved in a romantic relationship. The Court had noted that the 'mistake' which would have otherwise constituted an offence was committed due to 'immature act and uncontrolled emotions' of two persons.
The Court thus quashed the FIR. It noted that this is an exceptional circumstance to use its inherent powers to “modulate the relief and take a view on humanitarian grounds.”
Case title: Mr. Sujit Kumar Vs. State (Govt. Of Nct Of Delhi) And Anr
Citation: 2024 LiveLaw (Del) 1044
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