Rajasthan High Court allows woman’s plea to quash POCSO case filed by her against boyfriend

The Rajasthan High Court on Tuesday allowed a petition moved by a woman to quash the rape case she had filed against her boyfriend last year and ordered his immediate release..Single-judge Justice Arun Monga quashed the case and ordered immediate release of the accused.The case had been registered under provisions of Indian Penal Code (IPC) and the Protection of Children from Sexual Offences Act (POCSO Act) when the complainant was 17 years old, which is below the age of consent. Her boyfriend, however, was 21 years old. The case had been registered after the woman was found to be pregnant. However, when the accused was on interim bail in May this year, the complainant married him according to the Hindu rites..The Court called the facts of the case peculiar as it is rare for a complainant in a rape case to file a petition for quashing the First Information Report (FIR) registered on her complaint.Considering the circumstances, the bench said it was a fit case to exercise the Court’s discretionary jurisdiction under the Bharatiya Nagarik Suraksha Sanhita in the larger interest of justice and to enable the couple to live together in a congenial atmosphere and develop the harmony essential for a happy married life.“The petition is thus allowed, and FIR No. 0239/2023, dated 09.09.2023, registered at Police Station Kherwara, District Udaipur, and all consequential proceedings for offenses under Sections 363 and 376(2)(n) of the IPC and Sections 4, 5j(ii), and 6 of the POCSO Act against respondent No. 2 [the accused] are quashed, with consequences to follow,” ordered the Court..The complainant earlier told the Court that the FIR was registered under the pressure from her family members as she could not hide her consensual relationship at the relevant time due to her pregnancy.Since she also was not of marriageable age then, she could not marry him. Her family members had strongly disapproved of their relationship, the Court was told.The boyfriend had been arrested on September 18, 2023 and except for the period of interim bail, he has been in judicial custody ever since. Interestingly, the complainant had supported the prosecution case against him during the trial.She explained before the High Court that the same was due to pressure from her family members. It was further stated that she asserted her rights after she crossed the age of 18 years and entered into a written compromise with the accused in February this year..Pertinently, the case had reached the High Court once before when the complainant had sought termination of pregnancy. She now told the Court that she had been willing to bear the child.“She now wishes to fulfill those desires after her marriage to respondent No. 2 and live a happy family life with him. However, the pending criminal proceedings are preventing them from enjoying marital bliss, as respondent No. 2 remains incarcerated due to the alleged offense committed by him,” the Court noted in the order, as it quashed the FIR and directed that the man be set free..Advocates Dolly Jaiswal and Hemank Viashnav represented the petitioner (complainant).Public Prosecutor Gaurav Singh represented the State.[Read Judgment]