उच्च न्यायालय ने नाबालिग लड़की के बीच प्रेम संबंध के आपराधिक की कार्यवाही बंद की

HC closes criminal proceedings in love affair between minor girl

The Delhi High Court has closed criminal proceedings in a POCSO case arising out of a love affair between a 19-year-old man and a minor girl, and said that if the FIR is not quashed, the lives of three persons - both the men as well as their newborn baby - will be destroyed. The court said it was passing the order on "humanitarian grounds" in view of the "exceptional circumstances" as it noted that the petitioner man and the 17-year-old prosecutrix in the case were neighbours and had married of their own free will in August 2023. The matter was reported to the police after the girl went to a hospital in the last stage of her pregnancy and since she was a minor, the officials there informed the police and an FIR was registered for the alleged offence under the Indian Penal Code and the Protection of Children from Sexual Offences (POCSO) Act. The girl gave birth to a baby in August and the petitioner was arrested in September.

In his recent judgment, Justice Anish Dayal said, "In view of these facts and circumstances, this Court is of the opinion that considering that the prosecutrix is ​​living with her parents along with her newborn child, the petitioner is an adult; if the FIR is not quashed, it would adversely affect the minor child, who needs protection and care from her parents, and would destroy the lives of three individuals, the couple and the newborn child. Accordingly, the petition is allowed. As a result, FIR No. 378/2024 under Sections 363/366/376/506, IPC and Section 6 POCSO Act at P.S. Dwarka, North Delhi and subsequent proceedings are quashed." The petitioner submitted to the court that both the parties knew each other since childhood and were in consensual sexual relationship, as a result of which the girl became pregnant after their marriage. The police objected to the quashing on the ground that since the girl was a minor, she was not legally capable of giving consent.

In the order, the court noted that it had extensive interaction with the girl and her parents, who were aware of the relationship. The girl herself has stated that she and the petitioner were in a "romantic relationship" and the child is theirs and that she had given a statement to the police before she suffered labour pains after being informed of the matter by the hospital, the court noted. The order further recorded that being her legal guardian, the girl's mother also stated that she had no objection to quashing the FIR and a "compromise deed" was also placed before the court.