Delhi High Court Quashes POCSO Case After Parties Get Married, Victim’s Father Says ‘Filed FIR Out Of Anger’

The Delhi High Court has quashed a rape and POCSO case against a man after he and the victim consensually got married and the complainant father said that he had filed the FIR out of anger and misunderstanding. It was alleged that the accused kidnapped the girl and took her out from her father’s guardianship.

The accused and the victim, who expressed her desired to live with him, got married with each other. They also became parents of two children.

Justice Sudhir Kumar Jain quashed the proceedings in the case after noting that the victim stated that she was leading a happy married life with the accused and the complainant father also took a stand that he was not interested in the continuing the case.

“After considering all facts and totality of the circumstances, the present petition is allowed and FIR bearing no. 0563/2018 registered under section 363 IPC at P.S. Punjabi Bagh is quashed along with all consequential judicial proceedings under sections 363/376 IPC and under section 6 of Protection of Children from Sexual Offences Act, 2012,” the court said.

The statement of the victim was recorded before the concerned magistrate on September 23, 2022, wherein she mentioned her age as 22 years and stated that she had gone to Gujarat in 2018 along with the accused and expressed her desire to live with him.

The ossification test to ascertain her age was conducted in 2020 and the members of the medical board opined her age to be between 16 to 18 years then.

A supplementary statement of the complainant was also recorded during investigation under Section 161 of Cr.P.C. wherein he expressed is desire not to proceed with the complaint.

“The extraordinary power Under Section 482 Code of Criminal Procedure should be exercised sparingly and with great care and caution and can be used to prevent abuse of the process of the court or to secure ends of justice and the exercise of inherent powers entirely depends on facts and circumstances of each case,” the court said while quashing the FIR.

Advocates Nikhil Arora and Isha Khanna appeared for the petitioner. APP Manjeet Arya represented the Delhi Police.

Title: ARJUN KAMTI v. THE STATE OF GNCT OF DELHI THROUGH SHO & ORS.

Citation: 2023 LiveLaw (Del) 673

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