Gauhati High Court Quashes Child Marriage, POCSO Case As Couple Married, Living Together With Child

The Gauhati High Court, applying Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, quashed criminal proceedings under the Child Marriage Act and the POCSO Act, holding that since the parties were married, living together, and had a minor child, continuation of the trial would be futile.

Justice Pranjal Das, pressing over the case, observed, “the objective reality that has emerged in the facts and circumstances of the instant case, also cannot be overlooked. The parties are married, living a peaceful conjugal life and they also have a minor child. In the said situation, allowing the trial to proceed might be an exercise in futility. Even otherwise, such a continuing prosecution could be detrimental to the interest of the child and the victim girl herself in the objective situation.”

“Therefore, in the peculiar facts and circumstances, despite the provisions of Child Marriage and POCSO, it would be justified to exercise the power under Section 528 BNSS to allow the prayer of the petitioner, who are interestingly both the accused and the victim jointly praying to quash the proceeding,” Justice Das added.

The petition was filed under Section 528 BNSS, 2023 seeking quashing of a case registered under Sections 9/10/11 of the Prohibition of Child Marriage Act read with Section 6/17 of the POCSO Act, 2012, pending before the Special Judge, South Salmara Mankachar.

The FIR was lodged on 02.02.2023 by the then VDP Secretary alleging commission of a child marriage. Following investigation, a charge-sheet was submitted and charges were framed, with the case proceeding to the stage of evidence.

During the pendency of the proceedings, the victim filed an affidavit before the High Court stating that she had married the petitioner, was living peacefully with him as his wife, and that they had a child. She stated that continuation of the proceedings would cause loss to her and her child and expressed no objection to the quashing of the proceedings.

While considering the matter, the High Court noted, “The law regarding quashing of criminal proceeding pursuant to settlement between the parties has crystallized through a catena of decisions rendered by the Hon'ble Supreme Court. However, as per the governing law, certain categories are excluded which includes heinous offence having great societal impact.”

The Court further recorded, “In the instant case, the provision of Child Marriage Act has been given and the said law has been enacted to criminalize the social evil of marrying of girls before attaining their majority. In the instant case, because of alleged minority of the girl at the time of the alleged incident, provision of POCSO has also been given which undoubtedly falls in the domain of serious offences.”

Finally, the Court quashed the entire criminal proceeding, while allowing the criminal petition

Case Title: Sapiyel Hoque alias Sapial Hoque & Anr. v The State of Assam & Anr.

Case No.: Crl.Pet./812/2025

Click here to read the judgment