The Delhi High Court has quashed criminal proceedings against a man arrested for eloping and marrying a minor girl. The court noted that the couple is now married and living happily together with two children.
The investigation revealed that the victim, a minor aged between 16 and 17, willingly left her parents’ home due to their objections to her relationship with the petitioner. She recorded a statement saying her parents threatened to kill them if they continued their relationship.
The victim stated she was in a consensual physical relationship with the petitioner, which led to their marriage and the birth of two minor children. However, no documents, witnesses, or photographs were presented to confirm the marriage.
An FIR was filed under Sections 363 and 376 IPC and Section 6 of the POCSO Act by the victim’s father, alleging that the petitioner enticed his daughter and took her away.
Justice Rajnish Bhatnagar, presiding over the case, observed, “Both the petitioner and the victim are happily residing together with their two minor children and are considering restarting their lives. This Court cannot ignore the distressed family. If the FIR is not quashed, the petitioner will face at least 10 years of incarceration, negatively impacting their lives and their children’s lives.”
The court emphasized that the couple is living harmoniously and that quashing the FIR would serve the family’s welfare and societal interest. “The petitioner’s prosecution and conviction would bring pain to both families and jeopardize their futures. Quashing the FIR would bring joy and stability to the families and their two minor children,” the bench added.
Accordingly, the High Court quashed the POCSO case.
Case Title: Prem Kumar v. The State & Ors. (2024-DHC-621)
