'Judge Has To Sublimely Feel Pulse Of Case': MP High Court Quashes FIR Against Rape Accused Who Married Minor Girl, Had Children

The Madhya Pradesh High Court (Gwalior Bench) last week quashed an FIR lodged against an individual who was accused of raping a minor girl after the alleged victim, appeared in court stating that she had willingly eloped and now both are married and they have three children out of their wedlock. "It is regular and easy to be retributive but at the same time, a Judge has to sublimely feel the pulse of the case. One cannot forget that Every 'FILE' with the same alphabets, contains a 'LIFE'…Here 'FILE' before this Court carries not only a 'LIFE' but many 'LIVES,” the Court said as it quashed the case against the accused. The case in brief Essentially, the Court was dealing with a case where the petitioner (Accused) and respondent No.2 (alleged Victim girl) shared emotional and physical proximity and the FIR in the case was lodged at the instance of the father of the prosecutrix against the accused under Sections 363, 366, 376 of IPC and Section 5/6 of POCSO Act. In her statement under Section 164 of CrPC, the alleged victim said that both the parties shared the proximity and she left her maternal home in February 2017 of her own volition. Although, at the relevant point in time, the prosecutrix was minor and was at the cusp of attaining majority because her age was 16 years but later on, she attained majority and thereafter prosecutrix and accused entered into wedlock and had three children Both the parties expressed their desire to settle the matter because the girl and boy are living as a married couple and therefore, the instant petition was preferred under Section 482 CrPC for quashment of FIR as well as consequential criminal proceedings arising out of it. Court's observations Taking note of the circumstances of the case, the Court observed that it intended to tread on the path of reformative or at least other than retributive one because of the following reasons: - A girl of tender age around (16-17 years) has fallen in love with a boy of 23 years and driven by hormones they shared emotional and physical proximity and moved out of social/legal limits. The girl was of the consistent view that she shared emotional/physical proximity of her own volition and she left her maternal home voluntarily. Her statements under Section 164 Cr.P.C. indicate so.The petitioner and prosecutrix entered into wedlock and are blessed with three children and the girl/prosecutrix is living peacefully with her husband. In case of any punishment, the petitioner may have to go to jail and that would disrupt the family forever. Today, they expressed their desire to settle the matter. Therefore, in the cumulative facts and circumstances of the case, the Court “injected” 'LIFE' into this 'FILE' in the interest of justice and then, quashed the FIR against the accused. In view of this, the petitioner-accused was set free, however, the Court added that the petitioner/accused and prosecutrix shall live peacefully and would try to attain nuptial bliss so that family and social harmony can be maintained. Case title – G vs. State of Madhya Pradesh and another Case Citation: Click Here To Read/Download Order

'Judge Has To Sublimely Feel Pulse Of Case': MP High Court Quashes FIR Against Rape Accused Who Married Minor Girl, Had Children

Sparsh Upadhyay

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