CHANDIGARH: Punjab and Haryana HC quashed an FIR registered under Pocso Act against a man for alleged kidnap and rape of a minor in an order balancing legal principles with social realities. HC observed that the suspect and the 'survivor' were lawfully married and living peacefully together with their child.
Exercising its inherent powers to quash the FIR, Justice Kirti Singh said continuing criminal proceedings in such circumstances would serve no purpose but 'cause undue harassment' to both.
Referring to some SC judgments on such issues, the bench reiterated courts were often faced with petitions where children, about to attain the age of majority, in ignorance of statutory prohibitions and restrictions, commit acts in the name of love that would otherwise amount to offences under Child Marriage Act, Pocso Act and IPC. Being minors, their consent is immaterial but "factually, it is present", HC said. This situation presents courts with two consequences: either strictly follow mandate of statute and convict the boy or exercise inherent power to protect otherwise innocent children/adults by quashing criminal proceedings, it added.
The FIR was registered in April 2021 in Rupnagar (Punjab) by the survivor's father. However, the suspect maintained he was falsely implicated and that he and the survivor knew each other prior to the incident. During proceedings, the survivor also asserted that she voluntarily married the suspect and wished to live with him.
Exercising its inherent powers to quash the FIR, Justice Kirti Singh said continuing criminal proceedings in such circumstances would serve no purpose but 'cause undue harassment' to both.
Referring to some SC judgments on such issues, the bench reiterated courts were often faced with petitions where children, about to attain the age of majority, in ignorance of statutory prohibitions and restrictions, commit acts in the name of love that would otherwise amount to offences under Child Marriage Act, Pocso Act and IPC. Being minors, their consent is immaterial but "factually, it is present", HC said. This situation presents courts with two consequences: either strictly follow mandate of statute and convict the boy or exercise inherent power to protect otherwise innocent children/adults by quashing criminal proceedings, it added.
The FIR was registered in April 2021 in Rupnagar (Punjab) by the survivor's father. However, the suspect maintained he was falsely implicated and that he and the survivor knew each other prior to the incident. During proceedings, the survivor also asserted that she voluntarily married the suspect and wished to live with him.
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