Lack of evidence against the accused in POCSO and BNSS cases can lead to quashing charges, particularly when involved parties affirm consent and lack allegations of misconduct.

ORDER :

ANIL KUMAR UPMAN, J.

1. Instant Criminal Misc. Petition under Section 528 of BNS S has been filed on behalf of the petitioner for quashing of FIR No.169/2025, registered at Kaladera, Jaipur Rural for offence punishable under Section 137 (2) of the Bharatiya Nyaya Sanhita, (in short ‘ ’) 2023 and all consequential proceedings arising out of it including criminal proceedings in Session Case No.70/2025, pending before learned Special Judge, Protection of Children from Sexual Offences Act, 2012, Jaipur.

2. After registration of the aforesaid FIR, the police conducted a thorough investigation into the matter and subsequently, filed a charge-sheet before the competent Court for offences punishable under Sections 137 (2), 87, and 64(1) of the BNS , 2023 as well as Section 3 /4 of the POCSO Act, 2012. Upon consideration of the charge-sheet, the learned trial Court took cognizance of the offences against the petitioner. After hearing arguments on the point of charge, the learned trial Court framed charges against the petitioner for offences under (2) and 96 of the , 2023, and Section 5 (l)/6 of the POCSO Act, 2012, alternatively under Section 64 (2)(m) of the , 2023. The petitioner denied the charges so framed and sought trial.

3. Learned counsel for the petitioner contends that there is no material on record to prima facie attract the offences punishable under Sections 137 (2), 96 and 64(2)(m) of the BNS , 2023 or Section 5 (l), punishable under Section 6 of the POCSO Act, 2012. It is submitted that there is no allegation against the petitioner of having sexual relations with the victim, whether forcible or consensual, even on a single occasion, much less repeatedly. It is further contended that the victim had voluntarily left her parental home to accompany the petitioner, who is stated to be of approximately the same age. Learned counsel submits that the essential ingredients of (2) and 96 of the are not made out, as there is no material to indicate either taking away or active inducement on the part of the petitioner. Counsel further submits that at no stage of the investigation or trial has the victim levelled any allegation against the petitioner and that, during the course of trial, she has been declared hostile.

4. The alleged victim and her brother, who happens to be the complainant/informant in the present case, are present in the Court along with their counsel. Under their instructions, counsel submits that victim and her brother are not intending to prosecute the petitioner and if this petition is accepted and proceedings are quashed against the petitioner, they have no objection. It is further submitted by learned counsel that at no stage of the proceedings has the victim levelled any allegation against the petitioner of any form of sexual abuse.

5. Learned State counsel submits that the present case involves peculiar facts and that this Court may pass an appropriate order in the interest of justice. He fairly concedes that neither of the statements made by the victim under Sections 180 or 183 of the BNSS contains any allegation of sexual activity or abuse against the petitioner.

6. To appreciate the contention advanced by all the parties, this Court would like to refer to the statements made by the victim at various stages of the proceedings under Sections 180 and 183 of the BNSS and during the course of trial. The statements under and 183 of and statements made during the course of trial are being reproduced here in that order-:

Statement of victim under Section 180 of BNSS :-

7. Perusal of the above-mentioned statements would show that at no stage of the proceedings has the victim levelled any allegation against the petitioner and it also appears that she left her parental home on her own and remained in company of the petitioner willingly and visited several places with the petitioner and during this period she did not make any complaint or hue and cry. It is also evident from the record that at the t