In a writ petition filed before the Allahabad High Court to quash a First Information Report (FIR) registered by respondent 6 under Sections 64(1), 87, 137(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 5(j)(ii) and 6 of POCSO Act, a Division Bench of Justice Rajesh Singh Chauhan and Justice Ram Manohar Narayan Mishra quashed the FIR and directed the supervisory authority to not proceed further on the charge sheet.
The petitioner was in a consensual relationship with respondent 7 under the impression that she was a major, which is why they decided to get married. After the marriage, the victim became pregnant. It was also asserted that after the FIR was lodged, the petitioner himself appeared at the police station and was sent to judicial custody, but was released in compliance of an order dated 28-04-2026. The petitioner contended that the complainant (victim’s mother) had accepted their relationship and did not wish to pursue the FIR since her daughter was five months’ pregnant.
The Court was apprised of the fact that the parties had entered into a compromise which mentioned that once the victim attains majority, the complainant would solemnize the lawful marriage of her daughter with the petitioner.
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After perusing all material on record, the Court opined that even though the relationship between the petitioner and the victim was consensual, she was not a major when they established physical relation by which the victim became pregnant. The Court took note of the compromise between the parties along with the fact that at present both parties were living together as husband and wife and found it proper to quash the impugned FIR.
The Court stated that in the given circumstances, sending the charge sheet to the court and passing of consequential orders by the trial court would not serve any fruitful purpose. Hence, the Court directed the Supervisory Authority not to proceed further on such charge sheet since the FIR had already been quashed. Thus, the impugned FIR was quashed, the writ petition was allowed, and the trial court was directed not to take cognizance even if the charge sheet is filed before it. Lastly, the Court directed the petitioner to look after the victim properly and provide all means, comfort, and care necessary to a lady who is pregnant.
