The Delhi High Court has quashed criminal proceedings against a man accused under the POCSO Act for allegedly eloping and marrying a minor girl, after noting that the couple is now married and living happily together with two children.
The case began when the victim, aged between 16 and 17 at the time, left her parents’ home. In her statement, she said she acted on her own free will because her parents objected to her relationship with the petitioner and even threatened to kill them if she continued to see him.
She also stated that she was in a consensual physical relationship with the petitioner and eventually married him. The couple now has two minor children, although no formal proof of the marriage was presented.
An FIR was registered under Sections 363 and 376 of the Indian Penal Code (IPC) and Section 6 of the POCSO Act, based on a complaint from the victim’s father, who alleged that the man had enticed and taken away his daughter.
Justice Rajnish Bhatnagar, presiding over the case, highlighted that the petitioner and the victim were living happily with their two children and planning a fresh start in life. The court noted that forcing the petitioner to serve a 10-year sentence would severely affect not only his life but also the lives of his wife and children.
The court further remarked that the couple’s marriage and harmonious life together made it important to settle and stabilize the family for their welfare. Continuing the prosecution would cause unnecessary pain to both families, while quashing the FIR would bring peace and stability.
Accordingly, the Delhi High Court quashed the POCSO case, stating that it was in the interest of justice and the welfare of the children.
Case Title: Prem Kumar v. The State & Ors. (2024-DHC-621)
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==
