The Delhi High Court quashes the POCSO case against the man after noticing the accused married victim

Justice Jasmeet Singh noted that in cases involving Section 376 (Rape) of the Indian Penal Code (IPC) or offenses under the Protection of Children from Sexual Offenses Act, 2012 (POCSO), the court must exercise caution while quashing a FIR as such crimes are considered crimes against society even if a compromise is reached.

However, the Court noted that it cannot ignore the fact that the victim girl, who has now come of age, and the accused man are now married to each other and have children from their union.

The court further noted that the victim girl herself indicated that she wanted to solve the case of her own free will and that there was no criminal intent on the part of the suspect, as there was no strong physical relationship between him and the underage girl. during the time of the incident.

“The minor child was in love with the petitioner and thereafter both of them got married and two children were reportedly born from the marriage,” the Court said in its November 19 order.

She therefore proceeded to annul the criminal proceedings against the suspect,

“I am convinced that quashing such proceedings on the basis of compromise would lead to peace and safeguard the ends of justice. In the peculiar facts and circumstances of this case, this Court does not see any fruitful purpose in allowing criminal prosecution. In this view of the matter, there is no reason to continue the proceedings.” the Court added in its decision.