Rajasthan High Court Quashes POCSO Case Against Man As Victim Says She Was Not Forcefully Kidnapped

The Rajasthan High Court has recently quashed a rape and POCSO case against a 23-year-old man in view of the fact that the victim had never alleged that she was forcefully kidnapped by him. 

"No physical relation was with the petitioner when she was a minor. The two have already married and are having a child. In the circumstance, continuance of criminal proceedings would be an abuse of the process of law. Hence, aforesaid FIR and the entire criminal proceedings arising out of the said FIR stands hereby quashed and the instant petition is accordingly allowed,” Justice Birendra Kumar said. 

The court allowed the plea moved by the man seeking quashing of the FIR registered against him in 2021 under Sections 366, 376, 376(2)(n) of Indian Penal Code and Sections 5(1)(j)(ii) and 6 of POCSO Act.

According to the FIR, the minor girl had left house on April 11, 2021, along with her friend after which she did not return. 

In her statement recorded under section 164 of CrPC in March last year, the victim said that she was in love with the accused and left her house along with him to marry him.

Thereafter, they married in a temple and thereafter with her consent physical relation between the two was established, she said in her statement.

The counsel representing the accused said that the couple was blessed with a child and that a co-ordinate bench had quashed a similar FIR to prevent abuse of the process of law.

“Hence, aforesaid FIR and the entire criminal proceedings arising out of the said FIR stands hereby quashed and the instant petition is accordingly allowed,” the court ordered.

Advocate Abhishek B. Sharma appeared for petitioner.

PP Atul Sharma and Advocate Shantanu Gupta represented respondents.

Title: Ankit Jatav v. State Of Rajasthan & Ors

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