'They're Leading Happily Married Conjugal Lives': Orissa HC Quashes 5 POCSO Cases

The Orissa High Court has quashed five criminal proceedings instituted under the POCSO Act observing that the parties are purportedly leading happily married conjugal lives and have approached jointly praying for quashing the respective proceedings.

In that context, the Bench of Justice Sibo Sankar Mishra observed that, "It can be said that the real life situation of the victims of the POCSO offences have turned out to be in the best interest of the victims and the offences which created impediments for the victims and their families in the societal perspective in the forms of loss of reputation, dignity, diminished chances of marriage for the victim and her kins have been substantially mitigated when the accused married her and started a family had the added effect of reforming the accused and restored the dignity and the chances of normalcy and a good life for the victim and her family."

In this case, a common question regarding the quashing of criminal prosecution initiated against the petitioners for alleged sexual offences involving the POCSO Act by invoking the inherent jurisdiction of the High Court under section 482 Cr.P.C, on the ground that the parties have settled their disputes and they no longer desire to pursue the prosecution was considered.

The Court noted the important and relevant factors that weighed in the minds of different Constitutional Courts relating to sexual offences against the minor, which were as follows:

i) Age of victim & accused and/or age difference between them.

ii) Nature of relationship between victim and the accused including Trustee or fiduciary relationship.

iii) The nature, magnitude, and consequences of the crime.

iv) Cases wherein the allegations reek of force, depravity, perversity, or cruelty.

v) Consensual relationships ending in marriage.

vi) Consensual relationships that start with assurance/expectation of marriage but do not materialize in marriage due to family disapproval, change in circumstances or other reasons.

vii) Parties are not interested to prosecute the cases further and jointly approached the court for quashing of proceedings.

viii) The possibility of conviction in the backdrop of parties having come to an agreed terms and not willing to prosecute the case further.

ix) The criminal prosecution will result in injustice to the victims and its closure would only promote their well-being.

x) The continuance of the criminal proceedings and the participation of the victim in that proceedings would adversely affect the mental, emotional, and educational well-being of the victim and protracted trial may possibly stigmatize the victim herself.

xi) The natural disposition and instinct of the victim who has settled in her life with the accused husband to protect her husband and her present and future progenies in the best interest of the family.

xii) In the cases where trial is at advance stage and evidence of the victim has already been recorded, High Court should be circumspect while exercising plenary jurisdiction under section 482 Cr.P.C

Subsequently, it was observed that, "continuing the proceedings for prosecuting and punishing the accused will have the undesired and self-defeating effect of punishing the victim as well which will go against the avowed objective and purpose of the Act itself."

Accordingly, the petitions were allowed, and the criminal proceedings were quashed.

Cause Title: Rojalin Rout & Anr. vs State of Odisha & Anr.

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