The Allahabad High Court recently quashed an FIR in POCSO case registered against a man as it noted that the accused man and victim-wife (who was a minor at the time of the incident) were ‘happily’ living with each other as husband and wife.

The bench of Justice Gautam Chowdhary granted bail to one Gufran Shaikh who had been booked under Sections 363, 366, 376 I.P.C., Section 3/4 of Protection of Children from Sexual Offences Act, 2012, and Section 3(2)(v) SC/ST (Prevention of Atrocities Act), 1989..

The accused had moved the high court with his Section 482 CrPC plea seeking quashing of the case pending in the court of Additional District and Sessions Judge/ Special Judge (POCSO Act), Varanasi.

The counsel for the applicant, Aftab Alam submitted that the victim had solemnized marriage out of her own free consent and is presently residing with the applicant without any threat or coercion.

In this regard, the counsel also relied upon the Meghalaya High Court’s order in the case of Olius Mawiong & Anr. Vs. State of Meghalaya & Anr 2022 LiveLaw (Meg) 25 wherein the HC had quashed the FIR and criminal proceedings in a POCSO case registered against a man noting that the accused and victim were living with each other as husband and wife.

“The POCSO Act speaks of penetrative sexual assault and aggravated penetrative sexual assault to indicate that an act of sexual penetration inflicted upon a minor will attract the punishment for the same under the relevant provisions of the said Act. However, in a case where other attending factors such as a case of consensual sex or sex within the bond of marriage albeit between persons who are still minors or one of whom is a minor, are not taken into account in the correct perspective, the course or cause of justice may not have been served, but only the letter of the law fulfilled,” the bench remarked.

Noting that the victim had eloped out of her own free will, love, and affection and had solemnized marriage without any force or coercion, the Court went on to quash the entire criminal proceedings.

“At present, both the applicant and the victim are living happily as husband and wife. The victim in her statement recorded under Section 164 Cr.P.C. she has unambiguously stated that she has gone out of her own volition and after that perform marriage with the applicant. Perusal of the aforesaid judgment clearly bring out the settled position in law. Considering the facts in entirety, this Court is of the opinion, that no useful purpose may be served in proceeding against the applicant and thus the entire proceedings of the aforesaid case is liable to be quashed,” the Court remarked as it quashed the case.

Case title – Gufran Shaikh @ Gani Munawwar v. State of U.P. and Another