In exceptional cases of voluntary adolescent romantic relationships where the victim has since attained majority and the parties intend to marry, the High Court may quash POCSO proceedings to prevent abuse of process and protect the matrimonial unit.

ORAL ORDER

Rule

. Learned APP waives service of rule for and on behalf of the respondent State. Learned advocate Mr. K.N. Anjari waives service of rule for and on behalf of the respondent no. 2.

1. By way of the present application under Section - 528 of the Bhartiya Nagarik Suraksha Sanhita - 2023 , the applicant - original accused, has prayed for quashing of FIR registered at CR No. 11199057260291 of 2026 at Rajpardi Police Station, District Bharuch dated 15.04.2026, filed against him for the offences punishable under Sections 87 and 137(2) of Bharatiya Nyaya Sanhita, 2023 and Section 12 of the POCSO Act.

2. Heard learned advocate Mr. Krutarth Desai for the applicant, learned advocate Mr. K.N. Anjari for the respondent no. 2 – original complainant and learned APP Ms. C.M. Shah for the respondent no.1 – State.

3. At the outset, both the learned advocates submit that the dispute between the parties has been amicably settled parents of the victim as also the mother of the applicant are present online before the Court and the applicant and victim are present in-person before this Court.

4. On inquiring the respondent no. 2 – original complainant submits that the applicant and her daughter – the victim were in a love relationship and at the time of the incident, the victim had not attained majority. They were in a love relationship for a long time and wanted to get married to each other, but due to her age they could not get married. Now, as the victim has attained majority, the parents of the applicant and victim are willing to get them married and have filed an affidavit to that effect. The agreement has been arrived at without any force, coercion, undue influence or threat from any person but of their own free will and this Court is satisfy that compromise has been entered into between the parties.

5. The applicant and the victim are also present in-person before the Court and the victim has also filed an affidavit to that effect. On inquiring it is admitted that they were in a love relationship for longtime and they were known to each other. The complainant i.e. the mother of the victim has appeared online and submitted that she has no objection if the FIR qua the present applicant is quashed and subsequently, the applicant and the victim gets married. The father of the applicant has also appeared online and submitted that he has no objection if the applicant and the victim gets married. The victim has sworn an affidavit to that effect which reads as under:

I, the undersigned, Ms. Tanvi Naginbhai Vasava, aged: 18 years, occupation: study, Religion: Hindu residing at: Rajalwada, Rajpardi, Jhagadia, Bharuch hereby solemnly affirm and state on oath as under:

1) That my father has filed a complaint against the applicant with Rajpardi Police Station, Bharuch on 15.04.2026 against the present applicant for the offence punishable under the provisions of section 87, 137(2) of the BNS, 2023 and provision of section 12 of the POCSO Act. I say and submit that I am conversant with the factual matrix of the case and I am competent to file the present affidavit before this Hon'ble Court.

2. I say and submit that me and the present applicant are in deep love with each other since long days. The said love relationship continues today between us and is growing riper day be day. Due to some misunderstanding at the end of my father, it has misconceived the fact that the applicant is not willing to marry me and I have been kidnapped by the applicant. I say and submit that the fact of the relationship of mine and the applicant is known to my parents as well as the parents of the present applicant. It was decided to perform ceremonial marriage upon attainment of requisite age. Since, the complaint has been given on misunderstanding of the factual matrix of the case and therefore, I say and submit that I do not have any objection if the FIR and subsequent proceedings are quashed and set aside.

3) I say and submit that the fact of love and affect