The Delhi High Court dismissed a petition for quashing an FIR which alleged rape, kidnaping and child marriage. Justice Sanjeev Narula stated that heinous and serious offences, especially those with an element of sexual assault on minors, cannot be quashed on the ground of settlement, as such crimes are offences against society at large.
The case arose when an FIR was registered against the petitioners for kidnapping, inducing a woman to marry by force, rape, aggravated sexual assault, marrying a child, and facilitating child marriage. The FIR was filed by the victim’s father on suspicion of kidnapping after she went missing. The victim was subsequently recovered from the house of Petitioner 2, showing signs of sexual assault and confirming her pregnancy. However, in her statements she disclosed that she had been in a relationship with Petitioner 2 but was compelled by her family to marry Petitioner 1 against her wishes, with whom she had physical relations. She also stated that she had gone with Petitioner 2 voluntarily, and that she is now married to Petitioner 1, living with him, and expecting their second child.
The Court observed that the victim being a minor at the time rendered her consent irrelevant under POCSO Act, and sexual intercourse leading to pregnancy amounted to aggravated penetrative sexual assault punishable under Section 6 of POCSO Act. The Court cited Shimbhu v. State of Haryana (2014) 13 SCC 318 and noted that compromise, marriage or subsequent cohabitation cannot mitigate or erase criminal liability in sexual offences. The Court further noted that the Prohibition of Child Marriage Act 2006 criminalises marriages of minors, making adult male participants and facilitators liable. Accordingly, the petition was dismissed by the Court holding that settlement and marriage cannot override statutory offences and directed the Trial Court to proceed with the case uninfluenced by the present observations, while ensuring victim-centric measures under POCSO on their own merits.
Appearances:
For the Petitioners – Advs- Mr. Navjot Singh and Mr. Ashish Bidhlan
For the Respondents -Mr. Mukesh Kumar, APP for the State along with W/SI Akansha, PS. Bhalaswa Dairy.
