Love affair: Delhi High Court quashes POCSO case against man after noting accused married victim

The Delhi High Court recently quashed criminal proceedings against a man accused of having committed rape against a minor girl after noting that a compromise has been reached between the two and they are now living as a married couple with children born from their union [Moeed Ahmad and Ors. v State of NCT of Delhi and Ors.].

Justice Jasmeet Singh observed that in cases involving Section 376 (Rape) of the Indian Penal Code (IPC) or offences under the Protection of Children from Sexual Offences Act, 2012 (POCSO), the court must exercise caution while quashing an FIR since such offences are considered crimes against society, even if a compromise has been reached.

However, the Court noted that it cannot ignore the fact that the victim girl, who since attained majority, and the accused man are now married to each other and have children born from their union.

The Court further noted that the victim girl herself has stated her wish to resolve the matter out of her own free will and there was a lack of criminal intent on the part of the accused as there was no forceful physical relationship between him and the minor girl during the time of the incident.

"The minor child was in love with the petitioner and thereafter they both got married and two children are stated to be born from the wedlock", the Court said in its November 19 order.

Thus, it proceeded to quash the criminal proceedings against the accused,

"I am convinced that quashing of such proceedings on account of compromise would bring about peace and would secure ends of justice. In the peculiar facts and circumstances of this case, this Court does not see any fruitful purpose if criminal proceedings are permitted to be prosecuted any further. In this view of the matter, there is no reason to continue the proceedings", the Court added in its order.

The Court was dealing with a plea filed by a man who was booked for kidnapping and raping a minor girl.

A first information report (FIR) was lodged by the minor girl's father, who alleged that his daughter, who was 16-years-old during the time of the incident, was kidnapped by the accused.

However, during the pendency of proceedings, the parties reached a settlement and the complainant said he did not wish to prosecute the case any further.

Th Court was told that both the girl and her father have stated there was a love affair between the girl and the accused man that led to the incident.

Subsequently, in 2019 the two got married according to Muslim rites and customs and have two minor children from their union.

The Court noted that the girl, who is now 25-years-old, stated that she is happily living with the accused man.

Thus, the Court proceeded to quash the criminal proceedings against the accused.

Advocate Lewish Edward appeared for the accused.

Assistant Public Prosecutor (APP) Sanjeev Sabharwal and Advocate Sanya Narula represented the State of Delhi.

[Read Order]