The Punjab and Haryana High Court has set aside a rape case registered under the Protection of Children from Sexual Offences (POCSO) Act, noting that the victim is now happily married to the accused.
Justice Kirti Singh observed that, since the petitioner and the prosecutrix are now living together as husband and wife, allowing the criminal proceedings to continue would only subject both parties to unnecessary hardship.
The FIR in the case was filed by the victim’s father, alleging that the petitioner had enticed away his minor daughter. Subsequently, charges under Section 376 of the IPC and other related provisions were added. However, during the trial, the victim resiled from her earlier statement and did not support the prosecution’s version.
Counsel for the petitioner argued that the accused had been falsely implicated and that the petitioner and the victim had solemnized their marriage on 12 January 2023, as evidenced by the marriage certificate on record. It was further submitted that the couple was blessed with a child on 15 October 2023 and has since been leading a peaceful and contented life together.
Conversely, counsel representing the complainant and the victim did not oppose the plea, acknowledging that respondent no. 3 (the victim) was happily married to the petitioner and had no objection to the FIR being quashed. The State, however, opposed the petition, citing the seriousness of the allegations.
In compliance with an earlier direction of the Court, both parties appeared before the Additional District and Sessions Judge, Rupnagar, who verified the authenticity of the compromise and confirmed that the marriage had been solemnized voluntarily, without any coercion or undue influence.
The Bench referred to several earlier rulings, including K. Dhandapani v. State by Inspector of Police (Criminal Appeal No. 796 of 2022) and Tarun Vaishnav v. State of Rajasthan (S.B. Criminal Misc. Pet. No. 6323/2022), where courts had quashed similar criminal cases to protect the stability of families already living peacefully.
The Court also relied on Sonu @ Sunil v. State of NCT of Delhi, in which the Delhi High Court noted that when young people—almost adults—commit acts out of love that technically fall under laws like the POCSO Act, courts should focus on saving and reforming their lives rather than punishing them harshly.
Based on these judgments, the High Court allowed the petition and quashed the FIR and all related proceedings against the petitioner.