In a case of forced child marriage of a 17-year-old girl with a man who was approximately 20 years older than her, the Delhi High Court has refused to quash the FIR. The High Court observed that child marriage is a social evil which has been eradicated by legislation and settlement in such cases cannot wipe out criminality.

The High Court was considering a petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) for quashing of the First Information Report (FIR) registered under Sections 363, 366A, 376 of the Indian Penal Code, 1860 (IPC), Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), and Sections 9,11 of the Prohibition of Child Marriage Act, 2006 (Prohibition of Child Marriage Act).

The Single Bench of Justice Mini Pushkarna held, “Present case leading to a forced child marriage with a man approximately 20 years elder to her, cannot be considered to be a private act, as the same has large societal impact. The child marriage is a social evil which has been eradicated by legislation. Allowing parties to settle in such circumstances would be against the interest of the society. Settlement in such cases cannot wipe out criminality. Therefore, there is an overriding element of public interest in the present case to continue trial, irrespective of any compromise between the parties.”

Advocate Neeraj Kr. Mishra represented the Petitioner while Additional Public Prosecutor Hitesh Vali represented the Respondent.

Factual Background

It was alleged that the second respondent (victim) was married to the petitioner, who was unknown to her at the time. The petitioner subsequently took the second respondent to his brother’s house in Ghaziabad, Uttar Pradesh. At that time, the victim was unable to contact the police as she did not have access to a phone. It was further alleged that the petitioner forced the girl to have physical relations with him on three occasions. The girl contacted the police, following which an FIR was registered at her instance.

Reasoning

The Bench reaffirmed the proposition that, in exercise of its inherent powers under Section 528 of the BNSS, corresponding to Section 482 of the CrPC, the Court may quash criminal proceedings even in cases involving non-compoundable offences where the parties have arrived at a compromise. “However, the Supreme Court has cautioned against the exercise of such power where the allegations concern serious and heinous offences”, it added.

Considering that the charges against the petitioner were grave in nature, the Bench stated, “In the contemporary society, where girls are encouraged to study and build a good life for themselves, and where child marriage is prohibited by law, forcing a minor child to marry at the age of 17 years is a serious offence.”

The Bench also took note of the fact that the age gap between the petitioner and the girl was approximately 20 years. Referring to the POSCO Act as well as the Prohibition of Child Marriage Act, the Bench held, “The protective objectives of the statutes cannot be defeated merely because the parties have subsequently arrived at a settlement or are living together as husband and wife.”

“Quashing of FIR in the present case would amount to legitimising child marriage and exploitation of minor, which cannot be allowed”, the Bench held while also adding, “Accordingly, such a grave offence, where a minor child is forced to marry a person who is almost 20 years older than her, and forced to establish physical relations, cannot be condoned by this Court in any manner, merely on the ground of an alleged settlement between them.”

With such findings and observations, the Bench dismissed the Petition.

Cause Title: Sher Bahadur @ Shera v. State Govt of NCT of Delhi (Neutral Citation: 2026:DHC:8700)

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