Back
W. DIENGDOH
Honil Marak – Appellant
Versus
State of Meghalaya – Respondent
| Table of Content |
|---|
| 1. fact of the relationship between petitioners. (Para 1 , 2 , 3 , 4) |
| 2. agreement to marriage and its cultural acceptance. (Para 5 , 6 , 10) |
| 3. legal implications of age and marriage under pocso. (Para 8 , 12 , 13 , 14) |
| 4. comparison to relevant case law on marriage and consent. (Para 11 , 15) |
| 5. court's analysis on victim's consent and circumstances. (Para 18 , 19 , 20 , 21 , 23 , 24 , 25) |
| 6. conclusion and dismissal of petition. (Para 26 , 27) |
JUDGMENT
1. Heard Mr. S. Deb, learned counsel for the petitioners who has submitted that this is a petition filed under Section 482 Cr.P.C. seeking to quash the criminal proceedings in Williamnagar Women P.S. Case No. 16(08) of 2020 under Sections 5 /6 of the POCSO Act, 2012 wherein the petitioner No. 1 is the father of the victim girl and the petitioner No. 2 is the accused.
2. The learned counsel has further submitted that in the year 2014, the petitioner No. 2 got married to the aunt of the victim girl but there was no issue out of the said marriage.
3. In the year 2019, the mother of the victim girl fell ill and was paralyzed which led the victim to visit the residence of her aunt and grandparents, which is also the residence of
Customary practices cannot override statutory provisions that protect minors under the POCSO Act, which prohibits any form of consent to sexual relations or marriage for individuals under 18 years of....
The main legal point established is the application of the POCSO Act to protect children from sexual exploitation, emphasizing the offense of penetrative sexual assault and the lack of capacity to gi....
The court emphasized the need for legislative amendments to address cases involving adolescents in relationships and the implications of the POCSO Act on such situations.
Quash child marriage proceedings considering near-majority, family harmony, and subsequent child birth.
The court emphasized the need for legislative amendments to address cases involving adolescents in relationships and the implications of the POCSO Act on such situations.
The court can quash proceedings based on joint compromises that respect the legal status of marriage, especially when prosecution affects familial peace.
Courts should consider subsequent events in POCSO and rape cases when deciding quash petitions, especially in tribal customs.
The court recognized that consensual adolescent relationships should be viewed empathetically, and impulsive applications of the POCSO Act may lead to unjust outcomes.
POCSO proceedings quashed post consensual relationship, marriage, and family compromise to protect settled family life.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
