The court can quash FIR in cases of marriage between accused and victim to prevent undue harassment, emphasizing the importance of family unity and justice.

Coram Hon’ble Mr Justice Rakesh Kainthla, Judge.

Whether approved for reporting?¹ No.

For the Petitioner : Mr. Jai Ram Sharma, Advocate.

For Respondent No.1 : Mr. Ajit Sharma, Deputy Advocate General.

For Respondent No.2 &3 : Mr. Sahil Dixit, Advocate.

Rakesh Kainthla, Judge The petitioner has filed the present petition for quashing of FIR No. 20/2024, dated 24.5.2024, registered at Police Station, Beer, District Kangra, H.P. for the commission of offences punishable under Section 376(2) of the Indian Penal Code (IPC) and Section 6 of Protection of Children from Sexual Offences Act (POCSO). It has been asserted that the petitioner

1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.

and the victim were in a close relationship with each other. They have married each other. The continuation of the proceedings would amount to an abuse of the process of law. Hence, the present petition.

2. The statements of the victim and her mother, the accused and his mother, were recorded on 5.6.2025, in which they stated that the accused and the victim had solemnised marriage with each other.u They were residing as husband and wife, and they had noo objection in case the FIR is ordered to be quashed based oCn the compromise effected between the parties.

3. A copy of the Pariwar Register was filed, and it was stated on behalf of the State that the copy is correct. A copy of the marriage certificate was also placed on record.

4. I have heard learned counsel for the parties and have gone through the records meticulously.

5. This Court held in Shri Devi Vs. State of H.P. 2019 (3) ShimLC 1746 that where the accused has married the victim and children are born to them, the continuation of the proceedings would be a futile exercise, and the F.I.R. can be quashed in these circumstances. It was observed:

“9. It is a matter of fact that during the pendency of the present petition, accused-respondent No.2, who was in judicial custody as an undertrial prisoner, was enlarged on interim bail on 07.01.2019, and thereafter complainant-petitioner and accused respoHndent No.2 are cohabiting in the matrimonial home of the petitioner- complainant, i.e. in the native village of accused respondent No.2 in Jammu along with their child. Later on, vide order dated 05.08.2019 passed in Cr. M.P.(M) No. 1757 of 2018, the interim bail granted to the accused- respondent No.2 has also been afÏrmed. Since January 2019, no untoward incitdent of harassing or torturing the complainant-petitiorner has been reported or noticed.

10. It is a pecuuliar nature of the case, where the complainant and accused are residing under one and the same roof oas husband and wife. Technically speaking, complainant-petitioner has solemnized marriage with accuseCd-respondent No.2, when she was minor and has not attained the age of discretion at that time, but fact remains that she lived and is living with him in his hparental house and has given birth to a child and before attaining age of majority, she also filed a complaint, which resulted into registration of FIR against accused- respondent No.2 and after attaining the age of discretion, she has filed present petition for quashing the criminal proceedings initiated against her husband for betterment of her life as well as welfare of her child. After the grant of bail to the accused-respondent No.2, she has accompanied him along with her child and is residing in her matrimonial house. It is true that as a matter of principle, quashing of FIR based on compromise should not be permitted in case of heinous crime like Section 376 IPC that too with minor for the reason that said crime is against the society having adverse impact on it and also that possibility of compromise under any kind of pressure, threat or coercion cannot be ruled out. In such cases as victims normally belong to the weaker class. But in given facts and circumstances of the present case, where offence of rape is made out because of the fact that a young girl, without