The court emphasized the need for the legislature to consider cases involving adolescents in relationships and make necessary amendments to stringent laws such as the POCSO Act.

JUDGMENT

(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., seeking to call for the entire records relating to the Special S.C.No.145 of 2021, pending on the file of the learned Sessions Judge, Special Court for exclusive trial of cases under POCSO Act at Chennai and quash the same.)

1. This Criminal Original Petition has been filed to quash the proceedings in Special S.C.No.145 of 2021, pending on the file of the learned Sessions Judge, Special Court for exclusive trial of cases under POCSO Act at Chennai for the offences punishable under Section 363 of IPC and Section 6 of POCSO Act and Sections 363 and 346 of IPC and Section 9(1) r/w Section 10 of POCSO Act 2012.

2. The allegation against the petitioner is that he had kidnapped the daughter of the second respondent/defacto complainant, who is aged about 17 years and married her.

3. The petitioner has submitted that he and the daughter of the second respondent loved each other and got married. As their marriage was not accepted by both the families, they eloped and based on the complaint given by the second respondent, the petitioner was arrested. Thereafter, the second respondent has arranged marriage of his daughter with another person and hence, submitted that the proceedings against the petitioner may be quashed.

4. Ms.P.Latha, Women Special Sub Inspector of Police attached with the first respondent police was present before this Court and she informed this Court that the second respondent had approached her and informed her that since his daughter has got married with some other person, he do not want to proceed further with the criminal proceedings against the petitioner.

5. The second respondent / Defacto Complainant along with his daughter was present before this Court at the time of hearing and he submitted that his daughter has get married with some other person and hence he wanted the criminal proceedings against the petitioner to be quashed. He further submitted that a joint compromise memo has also been filed before this Court.

6. The learned Additional Public Prosecutor appearing on behalf of the first respondent police submitted that though the parties entered into a compromise while this case is pending, this Court, taking into account the seriousness of the offence has to consider the issue as to whether an offence of this nature can be quashed on the ground of compromise between the parties.

7. In this regard it is relevant to refer the judgment of the learned Single Judge of this Court, in Sabari v. Inspector of Police reported in 2019 (3) MLJ Crl 110, wherein the learned single Judge had discussed in detail about the cases in which persons of the age group of 16 to 18 years are involved in love affairs and how in some cases ultimately end up in a criminal case booked for an offence under the POSCO Act. The relevant portions of the judgment are extracted hereunder for proper appreciation:

“21. When this case was taken up for hearing, this Court became concerned about the growing incidence of offences under the POCSO Act on one side and also the Rigorous Imprisonment envisaged in the Act. Sometimes it happens that such offences are slapped against teenagers, who fall victim of the application of the POCSO Act at an young age without understanding the implication of the severity of the enactment.

26. In addition to the above, this Court is of the view that 'warning' of attraction of POCSO Act must be displayed before screening of any film, which have teenage characters suggesting relationship between boy and girl.

27. Apart from the above, this Court is of the view that as per the 3rd respondent's report, majority of cases are due to relationship between adolescent boys and girls. Though under Section 2(d) of the Act, 'Child' is defined as a person below the age of 18 years and in case of any love affair between a girl and a boy, where the girl happened to be 16 or 17 years old, either in the school final or entering the college, the re