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IN THE HIGH COURT OF RAJASTHAN
Dr. Pushpendra Singh Bhati, J.
Smt. Sonu - Appellant
Versus
State Of Rajasthan - Respondent
Criminal Misc(Petitioner.) No. 2977 of 2017
Decided On : 05-09-2018
QUASHING OF FIR - POCSO ACT - SECTION 16 & 17 - IPC - SECTION 380, 363, 366 - MAJORITY OF VICTIM - CONSENSUAL RELATIONSHIP - PROTECTION OF LIFE AND LIBERTY - COURT'S INTERVENTION: The High Court quashed an FIR registered under Sections 380, 363, 366 of the IPC and Sections 16 & 17 of the POCSO Act, 2012, considering the fact that the victim had attained majority and was in a consensual relationship with the accused.
Fact of the Case:
The petitioners, a couple, approached the High Court seeking to quash an FIR registered against them for abduction, confinement, and POCSO offenses. The victim, who was initially a minor when the FIR was lodged, had since attained majority and was living with the accused as his wife.
Finding of the Court:
The High Court noted that the victim had become a major and was residing with the accused as his legally wedded wife. The Court interacted with the petitioners and found that they were residing together as husband and wife.
Issues: 1. Whether the FIR against the petitioners could be allowed to continue considering the victim's majority and consensual relationship with the accused? 2. Whether the investigating officer was justified in not closing the FIR despite the victim's majority and consensual relationship with the accused?
Ratio Decidendi: The High Court held that the FIR against the petitioners could not be allowed to continue as the victim had attained majority and was in a consensual relationship with the accused. The Court observed that the investigating officer was not justified in not closing the FIR despite the victim's majority and consensual relationship with the accused.
Final Decision: The High Court allowed the petition and quashed the FIR registered against the petitioners.
JUDGMENT
Pushpendra Singh Bhati, J. - Petitioners have preferred this misc. petition under Section 482 Cr.P.C., 1973 for quashing of the FIR No.93/2017 registered at P.S. Odyogik Kshetra, District Pali for the offence under Sections 380, 363, 366 of the IPC and Section 16 & 17 of the POCSO Act, 2012 and for protection of life and liberty of the petitioners.
2. An FIR bearing No.93/2017 was lodged by Smt. Vimla, the mother of the petitioner No.1 which was registered at Police Station Odyogik Kshetra, District Pali with an allegation that the accused petitioner No.2 abducted and confined her daughter.
3. The petitioner No.1 and petitioner No.2 as identified by the counsel for the petitioner are present in person in the Court.
4. The Investigating Officer is also present in person in compliance of the order dated 16.11.2017.
5. Learned Public Prosecutor and Investigating Officer stated that though the girl is major but at the time of lodging of the FIR on 08.04.2017, the girl was a minor, and therefore, he was not in a position to close the investigation. Further a statement has been made that as per the school record, the date of birth of the petitioner No.1 is 23.08.1999.
6. On being inquired, the petitioner No.1 and petitioner 2 jointly stated that they are living together as husband and wife for last one year. The petitioner No.1 stated that she is willingly staying with her husband / petitioner No.2 and is not under any kind of duress or force. Petitioner No.1 further stated that she is voluntarily and happily residing with her husband.
7. This Court had passed the following interim order on 12.09.2017 :-
"Counsel for the petitioner has drawn attention to the Court order passed by this Court on 24.08.2017 in S.B Criminal Misc. Petition No.1228/2017.
Issue notice to the respondents. Rule is made returnable within a period of four weeks.
Meanwhile, all further proceedings in FIR No.93/2017 registered at P.S. Odyogik Kshetra, District Pali shall remain stayed."
8. This Court on 16.11.2017 had passed the following order :-
"1. Petitioners have preferred this misc. petition under section 482 of Cr.P.C., 1973 for quashing of the FIR No.93/2017 registered at Police Station Odyogik Kshetra, District Pali for the offence under Sections 380, 363, 366 of IPC and Sections 16 & 17 of the POCSO Act, 2012 and for protection of life and liberty of the petitioners.
2. Learned counsel for the petitioner has shown the earlier order passed by this Court, which reads as follows :-
"1. Petitioners have preferred this misc. petition under section 482 of Cr.P.C., 1973 for quashing of the FIR No.93/2017 registered at P.S. Odyogik Kshetra, District Pali for the offence falling under Sections 380, 363, 366 of the IPC and Section 16 & 17 of the POCSO Act, 2012 and for protection of life and liberty of the petitioners.
2. The girl has attained the age of 18 years today. On the order of this Court dated 03.08.2017, the girl has been produced before this Court today. The girl has been asked about her will and she has stated before the Court that she, who is the petitioner No.1, wants to go with the boy, who is the petitioner No.2 as both are major.
3. Thus, the misc. petition is disposed of with the direction to the concerned Nari Niketan that the girl may be released to the petitioner No.2 as she has become major and she is willing to live with the petitioner No.2 The respondent No.2 Superintendent of Police Pali, is directed that he shall ensure the safety and security of the girl and the boy as per the assessment of threat made by him.
4. Both the petitioners shall not be arrested in the FIR No.93/2017 registered at Police Station Odyogik Kshetra, District Pali. The investigation shall be completed by the investigating authority after taking the statement of the girl and the boy on record strictly in accordance with law. In case, the petitioners need to be arrested then a notice of 15 days shall be given to them before making any such arrest. The petiti
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