The Uttarakhand High Court has quashed proceedings in a POCSO case against a man, noting that the accused and the victim are now legally married, have a child and that the woman wants to live with him.
Continuing the trial or sending the accused to jail would disrupt the family. In such circumstances, permitting the proceedings to continue would not serve the ends of justice, Justice Alok Mehr said.
The court observed that the offence arose out of love and not lust, and that the victim wished to live peacefully with her husband.
The case was pending before Special Sessions Judge, Champawat. The accused had filed a petition before the High Court seeking quashing of the charge sheet and the summons issued against him.
The petition said that a compromise had been reached between the parties and that they had solemnised a marriage. It was further submitted that they now have a child.
On behalf of the victim, it was submitted that she is a major. This was also corroborated by the date of birth recorded in her Aadhaar card. The petition stated that the victim had married the accused of her own free will on May 12, 2023, and that a son was born to them on October 27, 2025.
The State opposed the compromise application. However, a single bench of Justice Alok Mehr emphasised the need for compassion and practicality, noting that the accused and the victim were legally married and had a child.
The court held that this was a fit case for exercising its inherent jurisdiction to secure real and substantial justice and accordingly quashed the proceedings pending before the Special Sessions Judge, Champawat.
The Protection of Children from Sexual Offences Act (POCSO) is a stringent law which is invoked when the victims of sexual crimes are below 18 years of age.
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