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 age.

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 the petitioner No. 2. After a few visits, the said victim girl and the petitioner No. 2 developed romantic feelings for each other and being desirous of getting married, the wife of the petitioner No. 2 was informed of such decision to which she did not object.

4. At this juncture, the learned counsel has submitted that in the Garo community, it is customary for a man to marry more than one wife, in many cases, apart from being married to his wife, he may have to marry his widowed mother-in-law, on the death of his father-in-law and can marry upto three wives. Therefore, polygamy is not frown upon in the community.

5. The petitioner No. 2 then proposed marriage to the victim girl in November 2019, such proposal being known to the family members and clan elders of the parties. The relationship further developed to the extent that whenever they used to meet, occasionally, they would involve themselves in consensual sexual intercourse.

6. The victim girl was found to be pregnant and in the month of August 2020, on her expected date of delivery, she was admitted at Williamnagar Civil Hospital, but was later taken to Tura Civil Hospital where she delivered her baby on 25.08.2020.

7. To the surprise of the petitioner No. 2, he came to know that the respondent No. 3, who is the Member Secretary of the Child Welfare Committee, East Garo Hills had filed an FIR on 06.08.2020 informing the police of the fact that the victim girl was impregnated by the petitioner No. 2 who is her uncle and that she is still a teenager of 14 years and as such, it was requested that necessary steps be taken under the provisions of the POCSO Act.

8. On receipt of the said FIR, a criminal case was registered being Williamnagar Women P.S. Case No. 16(08) of 2020 under Sections 5 /6 of the POCSO Act with the petitioner No. 2 as the accused person. The petitioner No. 2 accordingly surrendered before the police on 06.08.2020 itself and was taken into custody, but was released on default bail after being in custody for more than 90 days.

9. On investigation being launched, the Investigating Officer (IO) then filed the Charge Sheet on 21.05.2021, coming to the finding that a prima facie case is well made out against the accused person/petitioner No. 2 herein under Sections 5 /6 of the POCSO Act, 2012.

10. The learned counsel has submitted that the factors that may be considered in this case is the fact that there is a love relationship between the petitioner and the victim girl, secondly, that the prevailing customs and usages would allow the marriage between the two even while the first wife is still alive, thirdly, now that they are living under the same roof and having a child, continuing with the criminal proceedings would cause hardship and would jeopardize their lives and family consideri