Delhi High Court Dismisses POCSO Case Against Man and Minor Wife
The Delhi High Court recently dismissed criminal proceedings against a man arrested for eloping with and marrying a minor girl, noting that they are now happily married with two children.
During the investigation, the victim, who was between 16 and 17 years old, stated that she left her parents’ home of her own free will. She claimed her parents opposed her relationship with the man and threatened to harm them both if she stayed in contact with him.
The victim also mentioned that she was in a consensual physical relationship with the man before they got married and started a family together. However, there was no documentation, witnesses, or photographs to verify their marriage.
An FIR was filed by the victim’s father under Sections 363 and 376 of the IPC and Section 6 of the POCSO Act, accusing the man of “enticing his daughter and running away with her.”
Justice Rajnish Bhatnagar, in his ruling, observed, “We must acknowledge that both the petitioner and the victim are living together happily with their two minor children, aiming to restart their lives. This court cannot ignore the distress of their family. If the FIR is not quashed, the petitioner could face a minimum of 10 years in prison, negatively impacting their lives and those of their children.”
The court emphasized that the victim’s marriage to the petitioner was valid and that they were living in harmony, which aligns with societal interests in ensuring the welfare of families.
“The prosecution and conviction of the petitioner would only cause suffering for both families, jeopardizing their futures. However, quashing the FIR would serve justice and bring happiness to both families and their two minor children,” the bench concluded.
As a result, the high court dismissed the POCSO case.
Cause Title: Prem Kumar v. The State & Ors. (2024-DHC-621)
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