IMPORTANT POINT
Kidnapping and rape of minor girl – Adolescent love affair, followed by elopement and marriage – Entire criminal proceeding quashed on the basis of compromise between parties.

JUDGMENT

Instant petition has been filed for quashing the order taking cognizance dated 28.10.2021 under Sections 363, 366A, 376(3)of the Indian Penal Code and Sections 4, 6 of POCSO Act passed by Additional Judicial Commissioner-IV, Special Judge POCSO, Ranchi in connection with POCSO Case No.147 of 2021.

2. Instant petition is based on compromise between both sides and a compromise petition is filed before the learned Court below to that effect and compromise has been entered into by I.A. No.8205 of 2023.

3. It is submitted by learned counsel on behalf of petitioner that this was a case of a love affair between the petitioner and O.P. No.3 aged 21 years who eloped with the petitioner and solemnized marriage and are now happily leaving together. Married has been consummated and the girl is pregnant and their conjugal life and the future of the child will be seriously affected if the present criminal proceeding is permitted to continue.

4. It is further submitted that the offence under Section 376 of the IPC or POCSO Act will not be made out as the F.I.R. was not lodged under these Sections. The case was initially registered as Mandar P.S. Case No.120 of 2021 under Sections 363, 366A of the Indian Penal Code as there was no allegation of rape. The charge sheet was however filed under Sections 363, 366A, 376 of the IPC and Sections 4, 6 of POCSO Act.

5. The offence of rape for long be made out as the victim girl in a statement under section 164 of the Cr.P.C. has not made any allegation of fraud or force against the petitioner. It has been emphatically stated that the victim girl wanted to marry the boy which was opposed by her mother and she was ousted from her home. She by her own accord married the petitioner and established physical relationship.

6. It is submitted that in view of the fact that it was a consensual relationship no offence as alleged will be made out as there was no guilty intention on the part of the petitioner. Taking into account this aspect, in similar fact situation different High courts have exercised their inherent power under section 482 of the Cr.P.C. to quash the criminal prosecution. Reliance is place on:—

I. Dr. Amir Khan Vs. State & Anr., (2022) 291 DLT 104

II. Vijayalakshmi and Others Vs. State and Others (2021) 2 CTC 191

III. Adelbert Marbaniang and Another Vs. State of Meghalaya & Others, Crl. Petn. No.31 of 2022

7. Learned APP has opposed the quashing petition, however the counsel appearing on behalf of the informant has raised no such objection.

8. The statement of the victim girl under Section164 Cr.P.C tells the whole story that it was a case of adolescent love affair, followed by elopement and marriage. It has also been asserted on behalf of the petitioner that the girl is now living in the matrimonial home with her husband and is on her family way. Considering the settlement arrived between the parties Hon’ble Supreme Court has been pleased to quash the Criminal Proceedings in (2021) 4 CriCC 42, Prashant Bhartiya Vs The State of Delhi & Other.

Considering the peculiar facts and circumstance of the case,the entire criminalproceeding including the order taking cognizance is quashed in the interest of the victim girl and her in utero child.

Criminal Miscellaneous Petition is allowed.