THE HONOURABLE SRI JUSTICE N.TUKARAMJI Criminal Petition No.11980 of 2024

ORDER

This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘the BNSS’) for quashment of proceedings in S.C. POCSO No.140 of 2024 on the file of the Protection of Children from Sexual Offences (for short, ‘POCSO’) Court, at HACA Bhavan, Hyderabad.

2. I have heard Mr.Bethi Venkateshwarlu, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing the respondent No.1-State and Mr. L.Ram Singh, learned counsel for the respondent No.3.

3. The petitioner is arrayed as accused in S.C. POCSO No.140 of 2024 for the offences under Sections 366, 376(2)(n) of the Indian Penal Code, 1860 (for short, ‘the IPC’) and Section 6 r/w 5(j)(ii) of POCSO Act, 2012.

4. Brief facts of the case are that Respondent No. 2, the father of the victim girl, lodged a complaint alleging that his minor daughter, P. Swapna, went missing from her college on 12.06.2023 and that the petitioner had abducted the missing girl.

Based on these findings, the police charged the petitioner with offences of abduction and sexual assault. The petitioner, however, stated that the victim had voluntarily left home. According to him, in the third week of December 2022, following an acquaintance between them, the victim left home and reached Siddipet bus stand, from where the petitioner took her to Vemulawada. There, they engaged in sexual intercourse, and she returned home the same day at about 7:30 p.m. A Again, in the second week of February and in March 2023, the victim went to Vemulawada, met the petitioner, and engaged in sexual relations.

In June 2023, a doctor confirmed that the victim was pregnant.

Subsequently, the petitioner and the victim went to the Shivam Temple in Nizamabad and got married. In her statement before the Bharosa Centre, the victim reiterated that the sexual relationship was consensual, that she had conceived prior to the marriage, and that a child was born to them on 13.09.2023. A DNA test confirmed that the petitioner is the biological father of the child.

Despite this, upon the complaint of the victim’s father, a case was registered under the Protection of Children from Sexual Offences Act (POCSO) and the child was shifted to Sishu Vihar Orphanage Centre at Madhuranagar, Yousufguda, Hyderabad.

5. Learned counsel for the petitioner contended that the charges are unfounded, as the entire course of events arose from the voluntary and consensual relationship between the victim and the petitioner. It was further submitted that the victim attained majority on 03.06.2024, and the couple is now living together as legally wedded husband and wife. They have been blessed with a child, and the victim is presently pregnant for the second time. Continuation of criminal proceedings, it is argued, would cause irreparable harm to their marital life and the welfare of their children.

Reliance was placed on the following judicial precedents: (i) Djhandapani v. State represented by the Inspector of Police (Crl.A.No.796of2022);

(ii) Gian Singh v. State of Punjab (SLP (Crl.) No.8989 of 2010); (iii) Manjunatha v. State of Karnataka (Crl.P.No.4658 of 2024); (iv) XXXX v. State of Kerala (Crl.M.C.No.2031 of 2024); and (v) Skhemborlang Suiting & Another v. State of Meghalaya &

Another (Crl.P.No.63 of 2021).

6. Learned Additional Public Prosecutor submitted that by the date of the alleged occurrence, the petitioner was a minor, which led to the initiation of proceedings. However, both the petitioner and the victim have since attained majority, are living together, and had a child. The counter affidavit filed by the victim herself indicates that the relationship was consensual and that she does not wish to pursue the prosecution. 7. In counter filed by Respondent No. 3/victim girl the victim confirmed the facts narrated by the petitioner, affirming that she is living happily with him, is pregnant for the se