Delhi HC quashes POCSO FIR as victim marries accused, has child

The Delhi High Court quashed a POCSO FIR against a man after the minor victim, now an adult, married him and had a child. The court cited her no-objection and the fact they are living as a family, stating the case served no useful purpose.

The Delhi High Court recently quashed an FIR registered under POCSO, considering the no-objection given by the minor victim, who has married the accused and has a minor daughter out of wedlock. The FIR was registered in South District in the year 2024. At the time of registration of the FIR, the victim was a minor.

Justice Madhu Jain quashed the FIR registered under sections of rape and POCSO after considering the affidavit given by the victim and her statement that she is married to the accused and has a minor daughter. She is living happily with the accused and doesn't wish to pursue the case further.

Court's Rationale for Quashing FIR

While quashing the FIR, the bench observed, "In view of the peculiar facts and circumstances of the present case, the voluntary statement and no-objection of Respondent (victim), and the fact that the parties are presently residing together as a family along with their minor daughter, continuation of the criminal proceedings would not serve any useful purpose. The parties have also expressed their desire to maintain their matrimonial and family relationship and to secure the welfare of their minor child."

"Accordingly, FIR registered under Sections 376 of the IPC, 6 of the POCSO Act and Sections 9/10 of the Prohibition of Child Marriage Act, 2006, along with all consequential proceedings emanating therefrom, including the proceedings pending before the learned Trial Court, are hereby quashed," Justice Madhu Jain ordered on September 30.

Petitioners' Submission

A petition for quashing of FIR was filed before the Delhi High Court. Advocate Anish Mohommad alongwith Irfan, Akhil and Ashok appeared for petitioners (Husband and others).

It was submitted that the parties have amicably resolved their disputes and are presently residing together. It is submitted that the petitioner and Respondent wife have been residing together as husband and wife along with their minor daughter and that wife does not wish to pursue the present proceedings.

It was further submitted that the Respondent wife has voluntarily executed an affidavit/no-objection expressing her consent to the quashing of the present FIR and all consequential proceedings arising therefrom. (ANI)

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