Punjab & Haryana High Court Quashes Rape Case Under POCSO Act Noting Victim Is 'Happily' Married With Accused

The Punjab and Haryana High Court has quashed a rape case registered under the Protection of Children from Sexual Offences (POCSO) Act after noting that the victim is now happily married to the accused.

Justice Kirti Singh said, “the considered view that since the petitioner and the prosecutrix-respondent…are now happily married, continuing with the criminal proceedings will cause undue harassment to the petitioner, as also to (prosecutrix).”

The FIR was lodged by the father of the victim alleging that the petitioner had enticed away his minor daughter. Subsequently, offences under Section 376 IPC and other provisions were added. During trial, however, the victim did not support the prosecution's case and turned hostile.

Counsel for the petitioner argued that the accused had been falsely implicated and that both the petitioner and the victim had solemnized marriage on 12 January 2023, as evidenced by the marriage certificate on record. It was further submitted that the couple had since been blessed with a child on 15 October 2023 and were living a peaceful life.

On the other hand, counsel for the complainant and the victim did not oppose the plea, confirming that respondent no. 3 (the victim) was happily married to the petitioner and had no objection to quashing the FIR. The State, however, opposed the petition citing the gravity of the allegations.

Pursuant to an earlier direction of the Court, the parties appeared before the Additional District and Sessions Judge, Rupnagar, who verified the genuineness of the compromise and confirmed that the marriage was solemnized without coercion or undue influence.

The Bench referred to catena of judgments including K. Dhandapani v. State by Inspector of Police (Criminal Appeal No. 796 of 2022), Tarun Vaishnav v. State of Rajasthan (S.B. Criminal Misc. Pet. No. 6323/2022), wherein courts have quashed criminal proceedings in similar factual situations to prevent disruption of settled family lives.

Reliance was also placed on and Sonu @ Sunil v. State of NCT of Delhi wherein Delhi High Court observed that Courts are persuaded to save lives of an accused, rather than to make him undergo trial and punishment, in cases where children, who are about to attain the age of majority, commit acts in the name of love amounting to offence under various enactments, including POCSO Act

Accordingly, the High Court allowed the petition and quashed FIR and all consequential proceedings against the petitioner.

Mr. Harsh Rana, Advocate for the petitioner.

Mr. Luvinder Sofat, Sr. DAG, Punjab.

Mr. Mudit Johar, Advocate for respondents No. 2 and 3.

Title: XXX v XXX

Citation: 2025 LiveLaw (PH) 149