Child Victim Was In Love With POCSO Accused; Now They Are Leading Happy Married Life: HP HC Quashes FIR

The Himachal Pradesh High Court recently quashed an FIR against a POCSO accused after noticing that he married the child victim who was also in love with him.

The court said that POCSO cases can be quashed if the Court is satisfied that the child victim and her family members have settled the dispute and the victim was married and was leading a peaceful life.

In that context, the Bench of Justice Tarlok Singh Chauhan and Justice Satyen Vaidya observed that, "it cannot be ignored that the criminal prosecution was set into motion only because the victim happens to be a child but otherwise she was in love with the accused. It is also not in dispute that the accused was interested to solemnise marriage with the child victim and has, in fact, solemnised marriage on 09.03.2023 and thereafter has also entered into a compromise on 17.04.2023. In such circumstances...the Court could still quash the FIR after satisfying itself that the child victim and her family members had settled the dispute and the victim got married and was leading a peaceful life and, therefore, allowing the prosecution to continue in such case would only result in disturbance in their happy family life and ends of justice in such circumstances would demand that the parties be allowed to compromise."

Further, it was also said that, "The compromise, in a modern society, is the sine qua non of harmony and orderly behaviour. It is the soul of justice and if the power under Section 482 of the Cr.P.C. is used to enhance such a compromise which, in turn, enhances the social amity and reduces friction, then it truly is "finest hour of justice"."

Counsel Arun Sehgal appeared for the petitioner, while Counsel IN Mehta, among others, appeared for the respondent.

In this case, upon reference by a learned Single Judge of the Court, this Division Bench addressed whether the Court could quash an FIR based on a compromise in an offence. The FIR was registered under the Indian Penal Code and the Protection of Children from Sexual Offences Act.

The petitioner sought quashing based on a compromise, asserting that the petitioner and the child victim had married on 09.03.2023, residing together as husband and wife, with a formal compromise on 17.04.2023. The petitioner's counsel argued that while the case involved a sexual act with a minor, the Court should not ignore the subsequent marriage.

The State's counsel contended that the offence against the State could not be compounded, emphasizing the gravity of the charges.

The High Court observed that the compounding of the offence would enable both parties to lead a life of respect and dignity in society. In that context, it was also said that, "Once, there is no dispute between them, then obviously the law cannot be so harsh so as to stand as wall between the parties, because the law has to secure the future of the parties, and continuation of criminal proceedings in such circumstances, would only cause an irreparable harassment and hardship and may even tarnish and spoil the reputation of the victim".

Emphasising that the power to do complete justice is the very essence of every judicial dispensation system, the Court also observed that, "The Court proceedings cannot be permitted to de-generate into a weapon of harassment and persecution."

The Court was satisfied that the child victim and her family members had settled the dispute, and the victim is now leading a happy and peaceful married life. In light of this, the petition was allowed, and the FIR was quashed.

Cause Title: Ranjeet Kumar vs State of H.P. & Ors.

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