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High Court closes POCSO case against 19-year-old
If the FIR is not quashed, it will adversely affect the minor child who needs protection and care from his parents, and destroy the lives of three individuals
New Delhi : The Delhi High Court has closed the criminal proceedings in a POCSO case emanating from a romantic relationship between a 19-year-old man and a minor girl, saying if the FIR is not quashed, the lives of three individuals -- the duo as well as their newborn -- will be destroyed.
The court said it was passing the order on “humanitarian grounds” in view of the “exceptional circumstances”, as it noted that the petitioner man and the 17-year-old prosecutrix in the case were neighbours and got married in August 2023 out of their own free will.
The matter was reported to the police after the girl went to a hospital in the final stages of her pregnancy and since she was a minor, the authorities there informed the police and an FIR was registered for alleged commission of offences under the Indian Penal Code and the Protection of Children from Sexual Offences (POCSO) Act.
The girl gave birth to a baby boy in August and the Petitioner was arrested in September. “In these facts and circumstances, this Court is of the opinion that considering that prosecutrix is staying with her parents along with her newborn child, petitioner being major in age; if the FIR is not quashed, it will adversely affect the minor child who needs protection and care from his parents, and destroy the lives of three individuals, the couple and the newborn,” Justice Anish Dayal said in a recent decision.
“Accordingly, the petition is allowed. Consequently, the FIR No.378/2024 P.S. Dwarka, North Delhi, under section 363/366/376/506, IPC and section 6 POCSO Act and proceedings emanating therefrom are quashed,” the court ordered. The petitioner submitted in court that the parties had known each other since their childhood and were in a consensual sexual relationship, which resulted in the girl getting pregnant post their marriage.
The police objected to the quashing on the ground that since the girl was a minor, she was not legally capable of giving consent. In the order, the court noted that it had an extensive interaction with the girl and her parents who were aware about the relationship.
