While quashing a case registered under the provisions of the Protection of Children from Sexual Offences Act, where two adolescents, pursuant to a love affair, married at a tender age, resulting in the birth of a child, the Bombay High Court has held that it would be undue harassment to a happily living couple if the prosecution is continued.

The appellant had approached the High Court seeking quashment of the First Information Report registered under sections 137(2), 64(2)(m) and 87 of the Bhartiya Nyaya Sanhita, Sections 4, 6 of the Protection of Children from Sexual Offences Act and Section 9 of the Prevention of Child Marriage Act.

The Single Bench of Justice S. G. Chapalgaonkar held, “In the peculiar facts of this case, where two adolescents pursuant love affair took decision to marry at the tender age without intervention of family members and continued sexual relationship resulting in birth of a child, it would be undue harassment to happily living couple if prosecution against applicant is continued and face trial.”

Advocate R.B. Ade represented the Applicant, while Advocate R.R.Tandale represented the Respondent.

Factual Background

The informant/father of the victim lodged a report for his missing daughter. An offence under section 137(2) of the BNS was registered. Later on, the informant recorded his supplementary statement that he received a telephone call from her daughter, who told him that she got married to the applicant and was pregnant. The informant found that his daughter had delivered a child. She informed that she had a love affair with the applicant, hence, she had left home with the intention to marry him. On completion of the investigation, a charge-sheet came to be filed with the Special Court.

On an earlier hearing, the advocates appearing for the applicant and the respondent had jointly submitted that the parties had arrived at an amicable settlement. The respondent had given no objection to the quashment of the FIR. The victim had also filed her affidavit stating that she had attained majority, was blessed with a child, and they were residing together as husband and wife. There was nobody in her family to maintain her and her child except the applicant, and she requested that the FIR and further proceedings be quashed.

Reasoning

On a perusal of the facts of the case, the Bench noted that the informant’s daughter had left her home on her own volition and at that time, she was about 16 years and 9 months old. She had a love affair with the applicant and had also delivered a child. “Affidavit of the victim, who is now major and affidavit of the informant i.e. father of victim affirms that at present, she is residing with the applicant alongwith her child and they are leading/living happy matrimonial life. Now, the victim is firm on her decision to continue matrimonial relationship with the applicant”, the order read.

Reference was made to the judgment in Mahesh Mukund Patel Vs. State of U.P. and others (2025), where in similar circumstances the Apex Court had observed that when the appellant and respondent were happily married, no purpose would be served by continuing the prosecution as it would cause undue harassment to the couple and their children.

The Bench further stated, “...continuation of criminal prosecution against applicant would have disastrous repercussion not only against applicant/accused but also victim and her infant. In this background and considering peculiar circumstances leading to registration of offence and further development, this Court finds that interest of justice warrants exercise of inherent powers to quash the criminal proceeding against applicant.”

Thus, the Bench allowed the criminal application.

Cause Title: A v. The State Of Maharashtra (Neutral Citation: 2026:BHC-AUG:14397-DB)

Appearance

Applicant: Advocate R.B. Ade

Respondent: Advocates R.R. Tandale, V. P. Raje

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Bombay High CourtJustice S.G. Chapalgaonkar

Tulip Kanth

Assistant Editor

Tulip Kanth is an Assistant Editor at Verdictum having over 5 years of experience in the field of legal journalism and editing. She extensively covers judgments of the Supreme Court, High Courts as well as Tribunals. She has previously worked with a legal publishing website where she oversaw the work of other editors and has also created updates on notifications of different Government Ministries. She holds an English Honours Degree from SGTB Khalsa College, Delhi University and has completed her LLB course with specialisation in Corporate Law from Amity University.