The court exercised its inherent powers to quash proceedings under the POCSO Act where the alleged victim retracted her statements and married the accused post-complaint.

JUDGMENT :

KSHITIJ SHAILENDRA, J.

1. Heard learned counsel for the applicant and learned A.G.A. for the State-respondents.

2. This application under Section 528 BNSS has been preferred by the applicant with the prayer to quash the charge sheet dated 30.09.2024, cognizance order dated 08.04.2025 as well as entire proceedings of Criminal Case No121 of 2025 (State vs. Ashwani Anand) arising out of Case Crime No. 36 of 2024, under Sections 363, 366 IPC and Section 11/12 of Prevention of Children from Sexual Offence Act, 2012, P.S. Rajepur, District Farrukhababad.

FACTUAL MATRIX

3. Father of opposite party no. 4 lodged a First Information Report against the applicant stating that, on 23.04.2024, her daughter had been abducted by the applicant. The matter was investigated into by the police, consequent whereupon a charge sheet was submitted on 30.09.2024 and cognizance was taken on 08.04.2025 under the aforesaid provisions.

4. The present application is supported by affidavit of opposite party no. 4, i.e. the alleged victim of the offence. In the affidavit it is stated, as also stands reflected from record, that on 16.08.2024, statement of opposite party no. 4 was recorded under Section 161 CrPC, wherein she denied the allegations levelled in the FIR and stated that on 23.04.2024 she had herself left her home without telling anyone and that she stayed in a Girls P.G. at Ghaziabad and did not stay with the applicant. She also denied any physical relationship in between her and the applicant. As regards her age, in her statement under Section 164 CrPC/183 of BNSS, she stated her age as 20 years, though according to her Adhar Card the same is reflected as 17 years. The mother of opposite party no. 4 also made her statement before the Investigating Officer that because of intimacy in between her daughter and the applicant, she no longer wanted to remain under any kind of relationship with her daughter.

5. Admittedly, marriage has been performed in between the applicant and the alleged victim on 23.06.2025 and the same has been registered on 24.06.2025 under U.P. Marriage Registration Rules, 2017; certificate of marriage is annexed as Annexure No.6. It is not in dispute that on the date of marriage, opposite party no. 4 had attained age of majority.

SUBMISSIONS ON BEHALF OF THE APPLICANT

6. Learned counsel for the applicant submits that since the applicant and opposite party no. 4 are residing together in matrimonial relationship, the proceedings of the aforesaid case may be quashed, particularly when the alleged victim has filed her own affidavit in support of the application U/s 528 BNSS.

SUBMISSIONS ON BEHALF OF THE STATE

7. Learned AGA has vehemently opposed the prayer made and it is contended that since offence under POCSO Act is an offence against the society and non-compoundable, the proceedings cannot be quashed merely based upon compromise or the affidavit of the victim. It has been submitted that when the offence giving rise to this case was committed, it was an offence and, therefore, based upon subsequent events, an accused cannot be discharged nor the proceedings should be quashed. Reliance has been placed upon recent decision of Hon’ble Apex Court in K. Kirubakaran Vs. State of Tamil Nadu , Criminal Appeal No. 679 of 2024, decided on 28.10.2025.

DISCUSSION

8. Having heard learned counsel for the parties, no dispute is found as regards solemnization of marriage between the parties on 23.06.2025 after the opposite party no. 4 had attained age of majority. In light of the very fact that affidavit in support of the present application has been filed by opposite party n