Merely Because Complainant Married Accused Does Not Entail Quashing Of Rape, POCSO FIR: Delhi High Court

The Delhi High Court has said that merely because the complainant married the accused does not entail quashing of an FIR registered for the offence of rape and under the Protection of Children from Sexual Offences Act, 2012.

Justice Sudhir Kumar Jain refused to quash an FIR registered under the POCSO Act after the accused and complainant sought its quashing on the ground that they had settled their disputes, got married and were blessed with a son.

“The mere fact that the respondent no. 2 got married with the petition subsequently does not entail quashing of FIR. The present FIR pertains to offences punishable under section 376 IPC and section 6 of the POCSO Act which are serious in nature,” the court said while dismissing the accused’s plea seeking quashing of the FIR.

“It has been constantly observed by the Supreme Court in various judgments as detailed hereinabove that the offence punishable under section 376 IPC cannot be compounded and FIR pertaining to the offence punishable under section 376 IPC cannot be quashed on the basis of settlement between the parties,” it added.

The FIR was registered in 2020 on the basis of the complaint made by the victim. She alleged that the accused had sexual intercourse with her multiple times when she was just 16 years old, as a result of which she got pregnant.

The counsel appearing for the complainant told court that she had settled the disputes with the accused and got married to him earlier this year out of her own free will and without any fear, force and coercion. She submitted that she did not have any objection if the FIR is quashed.

Justice Jain dismissed the petition observing that the complainant repeated the allegations as mentioned in the FIR in her statement under section 164 of Cr.P.C. and also before the trial court.

“After considering all facts and gravity of allegations, the present petition cannot be allowed and FIR registered under section 376 IPC and section 6 POCSO Act…with consequential proceedings including judicial proceedings… cannot be quashed,” the court said.

Title: SAKH ALAM @ SHEKH ALAM v. THE STATE (GOVT. OF NCT, DELHI) & ANR.

Citation: 2023 LiveLaw (Del) 1107