Victims' consent and absence of coercion voids charges of kidnapping and sexual assault if sufficient evidence of mutual marriage exists, emphasizing personal liberties and maturity under statutory limitations.

JUDGMENT :

VIVEK KUMAR SINGH' J.

1. Counter affidavit filed today is taken on record.

2. Heard Sri Dharmendra Kumar Patel' learned counsel for the applicant' Sri Brij Kishore Singh' Advocate holding brief of Sri Chandra Prakash Pandey' learned counsel for first informant/ opposite party no.2 and Sri Prashant Kumar Singh' learned A.G.A. for the State.

3. Present application under Section 528 Bhartiya Nagrik Suraksha Sanhita (in short 'BNSS') has been filed seeking to quash the charge sheet no.225 of 2018 dated 13.09.2018 and cognizance/ summoning order dated 25.09.2019 as well as proceeding of Special Session Trial No.195 of 2019 (State Vs. Akash)' arising out of Case Crime No.207 of 2018' under Sections 363' 366 & 376 I.P.C. and Section 3/4 of POCSO Act' Police Station Rajpura' District Bheem Nagar (Sambhal)' pending in the court of learned Special Judge POCSO Act/ Additional Session Judge' Sambhal at Chandausi.

4. Brief facts of the case are that the opposite party no.2/ first informant lodged the first information report against the applicant on 20.06.2018 at 12:51 hours in respect of alleged incident dated 17.06.2018 at 9:00 A.M. The first information report was registered as Case Crime No.0207 of 2018' under Sections 363 and 366 of I.P.C. at Police Station Rajpura' District Bheem Nagar. The Investigating Officer' after due investigation' added Section 376 I.P.C. and Section 3/4 of POCSO Act. The first informant stated in the first information report that his daughter' aged about 13 years was alone in the house and on 17.06.2018 she went to the field but did not return. The first informant later came to know that his daughter was taken by the applicant.

5. During the course of investigation' the victim was recovered by the police and her statement under Section 161 Cr.P.C. was recorded' wherein she has categorically stated that she left her house one month ago with the applicant and they have solemnized a court marriage in Ghaziabad. She is living as wife of the applicant in her village for the last one month. She is a major girl and she has solemnized her marriage on her own will. She further expressed her desire to live with the applicant' with whom she had been in a relationship for the past two years. Similarly' in her statement recorded under Section 164 Cr.P.C.' the victim stated that no incident had taken place with her and she is a major girl. She joined the applicant on her own will and no offence has been committed with her.

6. The victim was medically examined' and no injury was seen on her body. As per report of the Chief Medical Officer' Sambhal' dated 07.08.2018' the victim was 18 years of age' a copy of which has been appended as Annexure No.5 to the present application. The Investigating Officer concluded the investigation in this matter and submitted the charge-sheet against the applicant on 13.09.2018. Learned court concerned took cognizance of offence vide order dated 25.09.2019. A compromise deed dated 13.12.2025 has been appended by the applicant as Annexure No.10 to the present application' which has been duly signed by the applicant and the victim. A copy of the birth certificate of the baby girl has also been appended along with the present application as Annexure No.11 and as per the birth certificate' a baby girl was born to the applicant and the victim on 10.12.2018. The marriage registration certificate of the applicant and the victim has also been appended as Annexure No.6 to the present application and as per the marriage registration certificate' the marriage between the applicant and the victim was registered on 03.07.2018.

7. The learned counsel for the opp