IMPORTANT POINT
Consensual sexual relationships leading to pregnancy may not amount to sexual exploitation under the POCSO Act.

JUDGMENT

1. Heard Mr. N.M. Mansuri, learned counsel for the petitioner who has submitted that this application under Section 482 Cr.PC read with Article 226 of the Constitution of India is filed with a prayer for exercise of this Court's inherent power to quash the FIR dated 12.07.2022 related to Nongstoin PS Case No. 51(7)2022 under Section 5(j)(ii)/6 of the POCSO Act, 2012.

2. The learned counsel for the petitioner has referred to annexure 1 of this petition which is a copy of the FIR dated 12.07.2022, lodged by WPSI D.P Nongbri informing the Officer-In Charge Nongstoin Police Station that a phone call was received on 08.07.2022 from Dr. Gaddiella Kharpuri of Ramrai PHC reporting on a case of teenage pregnancy wherein, a minor girl aged about 15 years 4 months was impregnated by her boyfriend, the petitioner herein and on the relevant date was about 4 months pregnant. The minor girl in her statement before the doctor has said that her boyfriend is ready to take all responsibility as he is the father of the baby. The informant has further stated that the delay in filing a complaint is because of the fact that the parents of the minor girl are unaware of the fact that their daughter was pregnant and that they did not want to file any complaint as it was a case of mutual consent.

3. The matter on being reported, the police has accordingly registered a case being Nongstoin PS Case No. 51(7)2022 under Section 5(j)(ii)/6 of the POCSO Act, 2012 and investigation was launched with the Investigating Officer noting down the statement of some witnesses including the alleged victim, the petitioner herein and the parents of the alleged victim.

4. The learned counsel for the petitioner has further submitted that from the records, it appears that all the witnesses although agreed on the fact that physical relationship between the petitioner and the minor girl had taken place resulting in the said pregnancy. However, what has to be considered here is that strictly speaking, the provisions of Section 5 & 6 of the POCSO Act may not be applicable inasmuch as no penetrative sexual assault had taken place since the act was consensual and as admitted by the alleged victim girl, it was an expression of the love relationship that she had with the petitioner.

5. The learned counsel for the petitioner has also submitted that in similar cases of this kind, this Court has caused closure of the related criminal proceedings when it has been prima facie proven that the sexual act and the resultant pregnancy was consensual and there was no force exerted to constitute assault, the fact that both parties are living together happily, prosecution of the accused/petitioner to justify an alleged offence perpetrated against the alleged victim girl would make no sense. In this regard, the case of Shri Kwantar Khongsit & 2 Ors. v. State of Meghalaya & 4 Ors.: Crl. Petn. No. 34 of 2022, order dated 10.08.2022 was referred to by the learned counsel in support of his case.

6. In view of the above, it is prayed that this petition may be allowed and the FIR dated 12.07.2022 as well as the process of investigation therein, be quashed.

7. Mr. S. Sengupta, learned, Addl. PP has submitted that the copy of the case diary in this case has been produced before this Court for perusal. However, the learned Addl. PP has fairly submitted that in the facts and circumstances of this case, the same being similar to other cases which has come up before this Court on the same subject matter and this Court has consistently taken the view that in a case of consensual sexual relationship, particularly leading to the marriage of the alleged victim and the accused, the leaning would generally be to allow the relationship to continue and to close the criminal proceedings against the accused/husband to facilitate a congenial atmosphere and relationship between the parties. Viewed thus, this Court may pass necessary orders it is further submitted.

8. Upon hearing the parties and on perusal of the case