The Bombay High Court (Nagpur Bench) has refused to quash an FIR against a 29-year-old man accused of marrying a 17-year-old girl and fathering a child with her.
The FIR, lodged against the accused and his family members, invoked provisions of the Protection of Children from Sexual Offences Act, 2012 (POCSO), the Bhartiya Nyaya Sanhita, 2023 (BNS), and the Prohibition of Child Marriage Act, 2006. The applicants had sought to invoke the High Court’s inherent powers under Section 482 CrPC, arguing that the relationship was consensual, accepted by both families, and that the girl now settled in her marital life had supported quashing of the proceedings.
The State opposed the plea, stressing that the victim was a minor at the time of marriage and childbirth, and that her consent had no legal validity under the statutory framework.
A Division Bench of Justices Urmila Joshi-Phalke and Nandesh S. Deshpande relied on the Supreme Court’s recent ruling in In Re: Right to Privacy of Adolescents (2025 INSC 778) and also referred to decision in Anversinh Fatesinh Zala v. State of Gujarat (2021) 3 SCC 12, reiterating that minors cannot give lawful consent. The Court noted that unless the Central Government redefines the age of consent or clarifies its stance on adolescent relationships, courts must apply the law in its strict form.
Observing that the birth of a child could not negate the statutory offences, the Bench dismissed the plea, holding that the case did not warrant quashing under Section 482 CrPC, as the very purpose of POCSO and child marriage laws is to safeguard minors from exploitation irrespective of individual circumstances.
Appearances
Applicants- Mr. S. V. Sirpurkar, Counsel.
Non-applicant- Ms. Sneha Dhote, APP for State & Mr. Yash Venkatraman, Counsel for Prosecutrix.
