Gujarat High Court Quashes Rape Case Against A Boy Lodged By His Minor Wife; Imposes Costs On Parents [Read Judgment]

The Gujarat High Court has quashed a rape case against a boy lodged by his minor 'wife'.

Justice AS Supehia imposed Rs.30K Costs on their parents for ruining their childhood by dragging them in such a disreputable controversy'. The judge observed that the criminal machinery alleging such serious offences under IPC and POCSO cannot be allowed to be misused and the parents of such children who resort such tactics cannot be let-off easily without fastening any accountability.

In the FIR, the girl stated that she was married to the accused (who was then aged 17) on 07.02.2015 at the age of 11 years. She alleged that she was forced to maintain physical relationship by her husband against her wishes after 2016 when she was taken to her in-laws house. During the pendency of the petition, the girl filed an affidavit stating that the dispute has been amicably resolved between the families and she does not want to further pursue the criminal prosecution.

The court, perusing the case files, noted that the complaint against the boy was lodged by his wife at the behest of her parents as a counter blast to another complaint lodged by the boy's parents. 

Both the parents have imprisoned the minors in marriage and forced them to develop relationship of husband and wife which is a gross violation of their human rights. They are forced by the parents to face the rigors of married life at the tender age despite their being a prohibition under the law. Thus, the genesis of the impugned FIR lies in the child marriage arraigned by the respective parents. It also appears that the FIR is lodged at the behest of the parents invoking provisions of serious offences. The petitioner, a minor is embroiled in the serious offence of rape by the prosecutrix at the behest of her parents without realizing the consequences. In her tender age the prosecutrix is also made to understand the immorality and dire consequence of offence of rape. The childhood of both the petitioner and the prosecutrix is obliterated by their parents, on two counts, first by marrying them in tender age, and secondly, by involving them in the offence of rape. The facts are suggestive that the minors are used as weapons in order to satisfy their prejudices and egos. The prosecution is lodged taking shelter under the minority of the prosecutrix. The quashing of the F.I.R. is sought by citing the minor age and marriage of the petitioner.

The court said that criminal machinery alleging such serious offences under I.P.C and POCSO cannot be allowed to be misused and the parents of such children who resort such tactics cannot be let-off easily without fastening any accountability.

"Sufficient time has been devoted by the investigating authority in conducting the investigation. The prosecutrix was also produced before the concerned Magistrate. A great deal of time is consumed of this Court including the registry. Hence, in order to avoid such misuse of the penal provisions, I am of the considered opinion that the time is ripe to fasten the liability for sheer wastage of time of State and the Court. Hence, I consider appropriate to impose a cost of Rs.30,000/-"

Since the parents of both the prosecutrix and the petitioner are responsible for ruining their childhood by dragging them in such a disreputable controversy, the cost shall be shared by them equally, the Court added while quashing the FIR.

The Judgment in this case by Justice Supehia started by quoting Mahatma Gandhi: 

"There is no school equal to decent home and no teacher equal to virtuous parents." :- Mahatma Gandhi. The facts of the present case shatter the thought of the father of our nation"

Click here to Read/Download Judgment

Read Judgment