"Every FILE Contains A LIFE”: Madhya Pradesh HC Quashes POCSO Case As Accused & Victim Are Living As Married Couple
|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.
The Bench chose a reformative path over retribution, considering the specific facts and circumstances of the case. The Court noted that the wife, at a tender age of 16-17-year-old, had fallen in love with a 21-22-year-old boy, and "driven by hormones," they shared emotional and physical proximity, moving out of "social/legal limits."
A Single Bench of Justice Anand Pathak observed, “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.”
Advocate Rahul Yadav represented the petitioner, while G.A. Sohit Mishra appeared for the respondents.
The petition was filed under Section 482 of the CrPC seeking the quashment of the FIR and related proceedings. The petitioner (husband) and the respondent (wife) appeared in person before the Court. They informed the Court that they had married and were blessed with a child. The wife’s statement confirmed that she had left her maternal home of her own volition and had been living with her husband since then.
The Court noted that the FIR was lodged by the wife’s father, alleging that his daughter was missing. Upon her recovery, the wife’s statements under Sections 161 and 164 of the Cr.P.C. revealed that she had willingly left her home. Despite the wife being a minor at the time of the incident, the Court noted that she had subsequently attained majority and married her husband.
“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 Court remarked.
The Bench noted that the young couple had entered into wedlock, had a child and were living peacefully. However, in case of any punishment, the husband would have had to go to jail and that would disrupt the family forever.
“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.” the Court added.
Consequently, the Bench quashed the criminal proceedings against the husband and set him free.
Accordingly, the High Court disposed of the petition.
Cause Title: R v. The State of Madhya Pradesh & Anr.
Appearance:
Petitioner: Advocate Rahul Yadav
Respondents: G.A. Sohit Mishra; Advocate Prabhat Kishore