Madras High Court Quashes POCSO Case Against 21-Yr-Old Man Who Eloped With Teen Girl, Calls Them "Romeo-Juliet" Who Successfully Married
The Madras High Court recently quashed the criminal proceedings initiated under the Protection of Children from Sexual Offences Act against a 21-year-old man who had eloped with a 18 year old girl. Calling it a case of Romeo and Juliet which ended successfully in marriage, Justice G Jayachandran noted that the inherent power of the court under Section 482 of CrPC was meant for cases...
The Madras High Court recently quashed the criminal proceedings initiated under the Protection of Children from Sexual Offences Act against a 21-year-old man who had eloped with a 18 year old girl.
Calling it a case of Romeo and Juliet which ended successfully in marriage, Justice G Jayachandran noted that the inherent power of the court under Section 482 of CrPC was meant for cases like this to meet the ends of justice. The court added that if the prosecution was not quashed, it would create vulnerability to the girl and force her exploitation, which was intended to be prevented under the POCSO Act.
“This Court is of the view that the inherent power under Section 482 of Cr.P.C, is really meant for the cases of this nature and to meet the ends of justice the prosecution against the husband has to be quashed, or else, instead of protecting the minor girl, who attained majority, it will create vulnerability to her and force her to exploitation, which precisely intends to be prevented under the POCSO Act,” the court said.
The mother of the girl had filed a complaint of kidnapping based on which a case was registered under Section 366(A) IPC and Section 6 of the PCSO Act. The final report was filed, taken on file by the Mahila Court, Allikulam, Chennai and trial had also commenced.
During the trial, both the victim girl and her mother had turned hostile. The victim girl informed the court that she had married the accused on her own wish and love and they were living together as husband and wife. A girl child was also born to the couple in 2020.
The court remarked that the judicial system had to deal with strict compliance of law or with humanitarian reasons. The court noted that the POCSO Act was silent regarding these cases and this silence had in fact led the couple to commit a crime that prescribed capital punishment.
Thus, to meet the ends of justice, the court deemed it fit to allow the plea and quash the criminal proceedings.
Counsel for Petitioner: Mr.J.William Shakesphere
Counsel for Respondent: Mr.K.M.D.Muhilan, Government Advocate (Crl.Side)
Citation: 2024 LiveLaw (Mad) 217
Case Title: Balaji @ Panai Balaji v State
Case No: Criminal Original Petition No.8025 of 2024
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