Karnataka High Court Quashes POCSO Case Against Muslim Man For Impregnating Minor Wife

The Karnataka High Court has quashed the POCSO case registered against a Muslim man for impregnating his minor wife. The matter was put to rest after a settlement between the accused and the victim, who was married to him as per the Mohammedan Law. The order was passed by Justice K.Natarajan on 10th October, two days before another single bench of the High Court declared that POCSO Act overrides personal law and thus, the age for involving in sexual activities is 18 years.The case against the instant Petitioner was instituted on a suo moto complaint registered by Chandra Layout police upon receiving information from BGS Global hospital that the victim girl came to hospital for medical check up, she was pregnant and she was also minor, aged about 17 years 2 months.The Petitioner argued that as per Mohammedan law, if a girl is aged 15 years and attains puberty, she can perform marriage. Now the victim has attained majority and delivered a child, which is two months old. Both the parties have settled down their issue and therefore, prayed for quashing the criminal proceedings.The bench relied on the judgement of Punjab and Haryana High Court in the case of Mohd. Samim v. State Of Haryana & Ors., W.P. No.532/2018, and judgment of the Delhi High Court in Fija & Anr. v. NCT of Delhi & Ors., W.P. (Crl) No.763/2022, wherein criminal proceedings considering the POCSO Act as well as IPC and Child Marriage Restraint Act were quashed. The bench said, "The joint affidavit of both the parties shows that the parties have settled the issue in dispute. Considering the facts and circumstances of the case, continuing to allow criminal proceedings is abuse of process of law and no purpose would be served if the victim turns hostile during trial and the question of conducting investigation against the petitioners by the investigation officer is a futile exercise...Both the parties are permitted to settle the dispute and compound the offence." Accordingly, it allowed the petition and quashed the proceedings under Sections 376, 376(2)(N) of IPC, Sections 5(L), 6 and 17 of POCSO Act and Section 9 and 11 of Child Marriage Restraint Act.. Case Title: MOHAMMAD WASEEM AHAMAD & Others v. 1 STATE BY CHANDRA LAYOUT POLICE STATION.Case No: CRIMINAL PETITION NO.5917 OF 2022 Citation: 2022 LiveLaw (Kar) 436 Date of Order: 10TH DAY OF OCTOBER, 2022 Appearance: MUZAFFAR AHMED, ADVOCATE for petitioners; B.J. ROHITH, HCGP FOR R1; S. YOGENDRA, ADVOCATE FOR R2SClick Here To Read/Download Order

Karnataka High Court Quashes POCSO Case Against Muslim Man For Impregnating Minor Wife

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