In a significant ruling that underscores the importance of familial harmony, the Allahabad High Court has quashed a criminal case, including charges under the stringent POCSO Act, against a man from Uttar Pradesh. The court observed that the couple had been in a long-standing marriage and had built a happy family, making the continuation of criminal prosecution a futile exercise that would only break them apart.
The Genesis of the Case
The legal ordeal began on December 30, 2016, in Sant Kabir Nagar district of Uttar Pradesh. The father of the woman had filed a First Information Report (FIR) alleging that the accused had kidnapped his minor daughter and enticed her into marriage. The case was registered under sections 363 (kidnapping), 366 (kidnapping, abducting or inducing woman to compel her marriage), 504 (intentional insult with intent to provoke breach of the peace), and 506 (criminal intimidation) of the Indian Penal Code (IPC), along with Sections 7/8 of the Protection of Children from Sexual Offences (POCSO) Act.
The Woman's Testimony and Medical Evidence
However, the narrative took a dramatic turn when the woman presented her statement before a magistrate. She asserted that she had accompanied the accused to Mumbai of her own free will and claimed that she was a major at the time. She expressed her clear intention to solemnize her nikah (marriage) with the accused and alleged that her family members had lodged a false case against him.
She categorically stated that no sexual intercourse had taken place between them during their time away. The woman further revealed that she returned home upon learning that an FIR had been filed. A subsequent medical examination found no injuries on her body. Critically, the Chief Medical Officer estimated her age to be around 18 years at the relevant time.
The Path to Resolution and Court's Final Verdict
Despite the woman's testimony, the police, after recording statements from her and other witnesses, submitted a chargesheet. The couple then challenged the proceedings in the local court. The matter was referred to the Mediation and Conciliation Centre, where the parties amicably resolved their dispute and entered into a formal compromise on October 8.
Following this, the man petitioned the Allahabad High Court to quash the case. By this time, a crucial development had occurred: the couple had a child together in 2018 and had been living as a married unit for a considerable period.
Hearing the petition, Justice Vivek Kumar Singh of the High Court delivered a decisive judgment. The court noted that in light of the subsequent developments—the long-standing marriage, the birth of a child, and the amicable settlement—the criminality, if any, stood "washed off."
The judge emphasized that no useful purpose would be served by prolonging the criminal prosecution, as the chances of conviction were not only remote but bleak. He added that a trial would be a futile pursuit, wasting precious judicial time when courts are already inundated with litigation.
"Undoubtedly, the marriage of the applicant and the daughter of the opposite party has been solemnized a long way back, and a child was born in 2018. The married couple has been living under the same roof for a very long time," Justice Singh observed, ultimately ordering the quashing of the FIR and all associated proceedings.
