Adolescents Marrying & Engaging In Sexual Relations Leading To Birth Of Child Cannot Be Harassed: Bombay HC Quashes POCSO FIR

Two adolescents indulging in sexual relations, which results in the birth of a child, cannot be harassed by prosecuting them under the stringent provisions of the Protection of Children from Sexual Offences (POCSO) Act and the Prevention of Child Marriage Act, the Bombay High Court held while quashing a First Information Report (FIR).Sitting at the Aurangabad bench, Justice Santosh Chapalgaonkar quashed the FIR lodged against one Rahul Surushe, booked on a complaint lodged against him by the father of a girl, whom he had married and fathered a child with, against her family's wishes.The judge noted that the girl was 16 years and 9 months at the relevant time, while the applicant Surushe was 18 years old. "Apprehending that her love affair would not be recognised by parents, she voluntarily left home alongwith the applicant. Thereafter, she resided with him and said to have performed marriage on December 7, 2024. Out of matrimonial relationship, she begot a girl child," the judge noted. From the girl's affidavit, which basically granted a No Objection Certificate (NOC) to quashing the FIR in question, the judge noted that the girl has now attained majority and is residing with the applicant along with her child and they are leading/living happy matrimonial life. "Now, the victim is firm on her decision to continue matrimonial relationship with the applicant. In the peculiar facts of this case, where two adolescents pursuant love affair took decision to marry at the tender age without intervention of family members and continued sexual relationship resulting in birth of a child, it would be undue harassment to happily living couple if prosecution against applicant is continued and face trial," Justice Chapalgaonkar held in the order pronounced on March 12. The bench noted the fact that the girl left her home with the applicant, apprehending that her parents would not approve her relationship, and thereafter, when she delivered a child, she contacted her family members informing them about her relationship. "They were in deep love relationship. Apprehending opposition for marriage, they left home without informing parents and lived like husband and wife. Continuation of criminal prosecution against applicant would have disastrous repercussion not only against applicant/accused but also victim and her infant," the judge said in the order. With these observations, the court quashed and set aside the FIR lodged by the girl's father on December 4, 2024 with the MIDC Walunj Police Station in Aurangabad. Appearance:Advocate RB Ade appeared for the Applicant. Additional Public Prosecutor RR Tandale represented the State. Advocate VP Raje represented the Complainant.Case Title: Rahul Vinod Surushe vs State of Maharashtra (Criminal Application 4692 of 2025)Citation: 2026 LiveLaw (Bom) 171Click Here To Read/Download Judgment

Adolescents Marrying & Engaging In Sexual Relations Leading To Birth Of Child Cannot Be Harassed: Bombay HC Quashes POCSO FIR

Narsi Benwal

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