The Allahabad High Court recently quashed an FIR in a POCSO case, noting that the accused and the minor victim are living happily as husband and wife.
Justice Gautam Chowdhary granted bail to Gufran Shaikh, who was charged under Sections 363, 366, 376 of the IPC, Section 3/4 of the Protection of Children from Sexual Offences Act, 2012, and Section 3(2)(v) of the SC/ST (Prevention of Atrocities Act), 1989.
Gufran Shaikh had approached the high court with a Section 482 CrPC plea to quash the case pending in the court of the Additional District and Sessions Judge/Special Judge (POCSO Act), Varanasi.
Aftab Alam, representing Shaikh, argued that the victim had married Shaikh out of her own free will and was living with him without any coercion.
The counsel cited a similar case from the Meghalaya High Court, where the court quashed an FIR in a POCSO case, acknowledging that the accused and victim were living as husband and wife.
“The POCSO Act addresses penetrative sexual assault and aggravated penetrative sexual assault on minors. However, in cases involving consensual sex or marriage between minors, the strict application of the law may not always serve justice,” the bench remarked.
The court noted that the victim had eloped willingly, out of love and affection, and married the accused without force. Given these circumstances, the court quashed the entire criminal proceedings.
“Currently, both the applicant and the victim are living happily as husband and wife. The victim, in her statement recorded under Section 164 CrPC, clearly stated that she left of her own volition and married the applicant. Considering the facts, the court believes that proceeding against the applicant serves no useful purpose, and thus, the entire case is quashed,” the court stated.
Case Title: Gufran Shaikh @ Gani Munawwar v. State of U.P. and Another
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