Courts may exercise inherent powers to quash criminal proceedings in POCSO and child marriage cases where parties have entered a long-term consensual marital relationship and have children, to protect settled family life and the welfare of the children.

ORDER

The petitioner/accused, who is facing trial in Spl SC No.49 of 2021 in Cr.No.81 of 2021 pending on the file of the Session Judge, Mahila Court at Cuddalore, for offence under Sections 366 of IPC, Section 6, 5 (1), 5(j) (ii), 5 (n) of Protection of Child from Sexual Offences Act, 2012 (in short ‘POCSO Act’) and Section 9 of Prohibition of Child Marriage Act, 2006, had filed this quash petition.

2. The case of the prosecution is that the victim girl and the petitioner got married on 13.06.2021 as per the Hindu rites and customs and registered their marriage on 28.04.2022. Due to the matrimonial relationship, both the petitioner and the victim girl blessed with a girl baby on 02.07.2021 and subsequently another girl baby on 30.01.2024. Upon the complaint of the victim’s father that his daughter went missing a case in Crime No.81 of 2021 was registered by the respondent Police.

3. The contention of the petitioner is that the petitioner and the victim had love affair with each other and ultimately they decided to get married and start their life. Further, both the petitioner and the victim had consensual relationship with each other. The victim and the petitioner/accused are living as husband and wife and it is the petitioner, who is taking care of the victim. Even after registration of the case, both are living together as husband and wife. Now, both of them got blessed with two female children. They have also filed Joint Compromise Memo to that effect.

4. The learned Additional Public Prosecutor appearing for the 1^st respondent Police submitted that the victim girl and the petitioner got married on 13.06.2021. However, their marriage was registered by the Sub Registrar, Mannargudi only on 28.04.2022. At the time of marriage the victim was aged about 17 years. Now, both the petitioner and the victim were living as husband and wife and having two children.

5. Considering the facts and circumstances of the case and the submissions made on either side, it is seen that the dispute between the petitioner and the victim has been amicably settled. The victim has filed an affidavit along with a Joint Compromise Memo stating that she is living with the petitioner as his wife and they are leading a peaceful matrimonial life and are blessed with children.

6. It is further noted that the occurrence arose out of a love affair between the petitioner and the victim and the marriage has also been registered subsequently. The parties are living together and the continuation of criminal proceedings would only disturb their settled family life and would serve no useful purpose.

7. The Hon’ble Apex Court in the case of “K.Dhandapani vs. State by the Inspector of Police reported in 2022 SCC Online SC 1056”, considered the subsequent events and observed that the Court cannot shut its eyes to the ground reality and disturb the happy family life of the petitioner/accused as well as the victim girl. In view of the same, this Court is of the view that allowing the petitioner and the victim girl to lead a happy family life would be the real justice. Both parties filed affidavits and Joint Compromise Memo to that effect.

8. Though the offences alleged are under the Protection of Children from Sexual Offences Act, 2012 and the Prohibition of Child Marriage Act, 2006, this Court, taking into account the peculiar facts of the case, the subsequent developments, the long cohabitation, and the welfare of the children born out of the wedlock, is of the view that this is a fit case to exercise the inherent powers under Section 482 Cr.P.C.

9. Accordingly, this Criminal Original Petition is allowed and the proceedings in Spl.S.C.No.49 of 2021 on the file of the Sessions Judge, Mahila Court, Cuddalore, arising out of Crime