The Madhya Pradesh High Court quashed an FIR filed by a girl’s father against her husband under Sections 5 and 6 of the Protection of Children from Sexual Offences (POCSO) Act.
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Jabalpur: The Madhya Pradesh High Court quashed an FIR filed under the Protection of Children from Sexual Offences (POCSO) Act, emphasizing a reformative approach over retribution. The case involved a young couple where the girl’s father had filed a complaint against her husband.
The Bench, led by Justice Anand Pathak, opted for a compassionate resolution, taking into account the unique circumstances of the case. The court recognized the complexities surrounding the young couple’s relationship, noting that the girl, aged between 16 and 17, had fallen in love with a 21 to 22-year-old boy. Driven by youthful emotions and hormones, the couple engaged in a relationship that moved beyond “social/legal limits.”
Justice Pathak remarked,
“Fact remains that petitioner and respondent No.2 are married couple and both are living in same household and they are blessed with one child. It is regular and easy to be retributive but at the same time a Judge has to sublimely feel the pulse of the case. One cannot forget that Every F I L E with same alphabets, contains a L I F E.”
The petitioner, represented by Advocate Rahul Yadav, sought the quashment of the FIR and related proceedings under Section 482 of the CrPC. Both the petitioner (husband) and the respondent (wife) appeared in person before the court, confirming that they were married and had a child together. The wife testified that she had willingly left her parental home to live with her husband.
The FIR, initially lodged by the girl’s father, claimed his daughter was missing. However, upon her recovery, the girl’s statements under Sections 161 and 164 of the Cr.P.C. revealed that she had voluntarily left her home to be with her partner. Despite her being a minor at the time, the court acknowledged that she had since reached adulthood and formalized her marriage with her husband.
The court observed,
“Girl was of consistent view that she shared emotional/physical proximity on her own volition and she left her maternal home voluntarily. Her statements under Section 161 and 164 Cr.P.C. indicate so.”
The couple had entered into marriage, had a child, and were living a peaceful life. The court recognized that any punitive measures against the husband would cause irreparable harm to the family unit. The bench noted,
“Both the parties appeared before the Principal Registrar of this Court and inked down their intent and identity repeatedly. Therefore, in the cumulative facts and circumstances of the case, matter deserves consideration.”
Consequently, the court quashed the criminal proceedings against the husband, thereby upholding the principle of reformative justice and allowing the couple to continue their life together.
The High Court thus disposed of the petition, reiterating the need for a balanced approach that considers the broader implications of legal actions on individuals’ lives and families.
Case Title:
R v. The State of Madhya Pradesh & Anr.
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