Allahabad, India – The Allahabad High Court has quashed a POCSO case against a man named Gufran Shaikh, noting that the alleged minor victim was now happily living with him as his wife. The Court found no evidence of force or coercion in their relationship.
Gufran was earlier booked under several serious charges including Sections 363, 366, 376 of the IPC, Sections 3 and 4 of the POCSO Act, and Section 3(2)(v) of the SC/ST Act. He filed a Section 482 CrPC petition before the High Court to cancel the case pending in the Varanasi Special POCSO Court.
His lawyer, Aftab Alam, argued that the girl had married Gufran out of free will, and they were now living peacefully as husband and wife. To support his argument, he cited a similar Meghalaya High Court ruling where a POCSO FIR was quashed under comparable circumstances.
The Allahabad High Court acknowledged that while the POCSO Act aims to protect minors from sexual abuse, every case must be evaluated in context. The Court remarked that when a relationship involves consensual love and marriage, even if one party is a minor, the intent of justice must be considered—not just the literal interpretation of the law.
Referring to the girl’s statement under Section 164 CrPC, the court noted that she had clearly said she left home willingly and married Gufran without any force. The court emphasized that “justice should reflect reality, not just technicalities”.
As a result, the entire criminal case was dismissed, with the Court concluding that continuing the case would serve no meaningful purpose.
Be a part our social media community:
Facebook: https://www.facebook.com/IndianMan.in?mibextid=ZbWKwL
Instagram:
https://www.instagram.com/indianman.in?igsh=MWZ2N3N0ZmpwM3l3cw==
