The Orissa High Court quashed a POCSO case registered against a man in light of the fact that he later married the minor girl whom he had allegedly kidnapped, and they have been living together as husband and wife.

The Petitioner approached the High Court by filing an application under Section 528 of the BNSS, 2023, read with Section 482 of the Cr.P.C., 1973, seeking the quashing of the criminal proceedings arising out of a case pending before the Additional Sessions Judge-cum-Special Court under the POCSO Act.

The Single Bench of Justice Sibo Sankar Mishra said, “The fact that the victim and accused have entered into a marital relationship and are living a harmonious life significantly alters the nature of the dispute.”

Advocate Amitav Tripathy represented the Petitioner while Additional Government Advocate Bibekananda Nayak represented the Opposite Parties.

Factual Background

In the FIR lodged by the informant, it was alleged that the petitioner kidnapped her minor daughter (Opposite Party No.3) and took away gold ornaments and cash of Rs.8,000 from their house. Based on these allegations, a case was registered under Sections 363/366/376(2)(n) of the Indian Penal Code, 1860 (IPC), read with Section 6 of the POCSO Act. Upon completion of the investigation, a charge sheet was filed, and the trial court took cognizance of the offences.

During the pendency of the trial, the petitioner and Opposite Party No.3 entered into a marital relationship after the latter attained the age of majority. They are now living together as husband and wife, and the informant (Opposite Party No.2) expressed her willingness not to prosecute the matter further.

Reasoning

The Bench noticed that the victim and the accused entered into a marital relationship and have been living a happy married life. “This fundamentally alters the nature of the dispute, as the parties have reconciled their differences and moved forward with their lives”, it added.

Explaining the difference between sexual exploitation and adolescent love affair, the Bench said, “If the accused is in a dominating position of power or trust, coerces, forces or manipulates another into sexual activities for personal gratification, financial gain or any other benefit that could only be a case of exploitation. But same age group adolescents falling in love, eloped and married shouldn’t be criminalized.” The Bench observed that in such cases, the principles laid down in the judgment by this court in Rosalin Rout and Anr. V. State of Odisha and Anr. (2024), which emphasises the importance of personal reconciliation and the potential to allow quashing of proceedings where the relationship has been restored, should be considered.

The Bench further noticed the fact that the victim and accused have entered into a marital relationship and are living a happy and peaceful life reflects a genuine reconciliation which could be seen as a natural progression. As per the Bench, running a trial against the petitioner in this case would amount to an abuse of the process of law, particularly given the fact that the victim and the petitioner have entered into a marital relationship and are living together in harmony. “In light of their reconciliation and the societal approval of their relationship, it would be more appropriate to quash the proceedings, allowing them to move forward with their lives without the burden of legal interference”, it held.

In light of the reconciliation, the absence of a serious societal impact, and the need to avoid unnecessary legal hardship, the Bench found it appropriate to quash the proceedings, allowing both parties to move forward with their lives without further legal encumbrances.

The Bench thus quashed the criminal proceeding pending before the Additional Sessions Judge-cum-Special Court under the POCSO Act and the consequential proceedings arising therefrom.

Cause Title: Fayazuddin Khan@Badal Khan v. State of Odisha & Others (Case No.: CRLMC No.3850 of 2024)

Appearance:

Petitioner: Advocate Amitav Tripathy

Respondent: Additional Government Advocate Bibekananda Nayak

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Orissa High CourtJustice Sibo Sankar Mishra

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.