'Criminality Now Stands Washed Off': Allahabad High Court Quashes 2016 POCSO Act Case Noting Accused Married Victim 'Long Way Back'

The Allahabad High Court on Thursday quashed criminal proceedings of a rape case lodged under the POCSO Act and the Indian Penal Code in 2016, noting that the accused had married the prosecutrix 'a long way back'. Observing that the couple is living a happy married life with a child, a bench of Justice Vivek Kumar Singh said that "criminality, if any...now stands washed off” and that the chances of conviction of the applicant is now "not only remote but also bleak". "The trial would only entail loss of judicial time in a futile pursuit particularly when torrents of litigation drown the courts with an unimaginable flood of dockets", the single judge added while allowing a plea filed by the accused and his relatives under Section 528 of the BNSS. The applicant-accused moved the HC for the quashing of the entire proceedings the trial which included charges under Sections 363, 366, 504, 506 of the IPC and Section 7/8 of the POCSO Act. Briefly put, the FIR was lodged in January 2017 by the girl's father, alleging that his minor daughter had been enticed away by the applicant. The victim was recovered in January 2017 who stated under her Section 161 CrPC statement that she went with the applicant of her own will as she was a major. She also expressed her desire to solemnize Nikah with him. Notably, the Court recorded that as per the Chief Medical Officer's report of February 2017, the victim was aged about 18 years at the time of the incident. Thereafter, a charge sheet was submitted and the Magistrate took cognizance of the offences. However, during the pendency of the trial, the applicant and the victim solemnized their marriage and started living under the same roof. A male child was also born to them in August 2018. The matter was eventually referred to the Mediation and Conciliation Centre of the High Court, where the parties, including the informant (the girl's father), arrived at a settlement last month The informant stated he had no objection in any manner whatsoever as the couple was living a peaceful married life. The AGA for the State, on the other hand, argued that since the prosecutrix was a child within the definition of the POCSO Act, the subsequent developments in the matter could not wipe out the offence. The State relied on the Supreme Court's 2024 judgment in Ramji Lal Bairwa vs. State of Rajasthan 2024 LiveLaw (SC) 865 to argue that there can be no compromise in POCSO proceedings as the offence is against society.Court's Observations The single judge, however distinguished the facts of the present case from Ramji Lal Bairwa as he noted that the applicant and the victim in the present case had married "long way back" and a child was born in 2018. In a significant observation, the Court remarked thus: "In view of the subsequent development, the criminality, if any, committed by the applicants now stands washed off. As such, no useful purpose would be served in prolonging the criminal prosecution of the applicants". The HC also expressed concern for the stability of the matrimonial home as it added that if the prosecution were allowed to continue, a 'happy' family comprising of accused and the prosecutrix shall 'stand broken'. The High Court relied heavily on the Supreme Court's rulings in K. Dhandapani vs. The State 2022 LiveLaw (SC) 477 and Mafat Lal vs. The State of Rajasthan 2022 LiveLaw (SC) 362, where proceedings were quashed because the accused had married the prosecutrix. The Court noted that it "cannot turn a blind eye" to such facts. Reference was also made to the recent Supreme Court judgment in Shriram Urav vs. State of Chhattisgarh 2025 LiveLaw (SC) 160 and Mahesh Mukund Patel vs. State of UP, where convictions and proceedings were quashed to prevent "undue harassment" to the family. Justice Singh concluded that the ratio laid down by the Apex Court in these judgments was squarely applicable to the present case. Consequently, the High Court quashed the charge sheet, the cognizance order and the entire proceedings of the Sessions Trial.Case title - Wasiullah And 2 Others vs. State Of U.P. And 3 OthersCitation:Click Here To Read/Download Order

'Criminality Now Stands Washed Off': Allahabad High Court Quashes 2016 POCSO Act Case Noting Accused Married Victim 'Long Way Back'

Sparsh Upadhyay

Tags