Allahabad High Court Quashes POCSO Case After Accused Marries Victim, Cites 'Pious Duty' to Secure Justice

ALLAHABAD: In a significant ruling, the Allahabad High Court has quashed criminal proceedings, including charges under the Protection of Children from Sexual Offences (POCSO) Act, against a man who subsequently married the alleged victim after she attained the age of majority. Justice Kshitij Shailendra, invoking the High Court's inherent powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), emphasized that the court's primary objective is to "secure the ends of justice" and prevent the abuse of the legal process.

The court held that compelling the couple to undergo a trial, where the victim herself supports the accused and an acquittal is the inevitable outcome, would be a "waste of precious time and resources of the judicial system" and an "instrument of harassment."

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Case Background

The case originated from a First Information Report (FIR) filed on April 23, 2024, by the victim's father, accusing Ashwani Anand of abducting his minor daughter. The police filed a charge sheet under Sections 363 (kidnapping) and 366 (kidnapping to compel marriage) of the IPC, along with Sections 11/12 of the POCSO Act.

However, the case took a decisive turn when the alleged victim filed an affidavit in support of the accused's application to quash the proceedings. In her earlier statements to the police, she had denied the allegations, stating she had left home voluntarily and had no physical relationship with the applicant. A crucial development was the couple's marriage on June 23, 2025, which was legally registered after the victim had attained the age of majority.

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Arguments Before the Court

• The Applicant's Counsel argued that since the parties are now legally married and living together, and the victim herself denies the allegations and supports the quashing of the case, continuing the prosecution would be futile and detrimental to their matrimonial life.

• The State's Counsel (A.G.A.) vehemently opposed the plea, contending that offences under the POCSO Act are heinous, non-compoundable, and considered crimes against society. The State argued that a subsequent marriage or compromise cannot erase the offence committed when the victim was a minor.

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High Court's Analysis: Inherent Powers and the Ends of Justice

Justice Shailendra undertook a detailed examination of the High Court's inherent powers, drawing parallels with the Supreme Court's authority under Article 142 of the Constitution to do "complete justice."

The court observed that its power under Section 528 BNSS (equivalent to Section 482 CrPC) "to secure the ends of justice" should not be curtailed by self-imposed restrictions, especially when the facts of a case demand intervention.

Reliance on Precedents

The bench cited several Supreme Court judgments, including Dasari Srikant vs. State of Telangana (2024) and Mahesh Mukund Patel vs. State of U.P. (2025) , where criminal proceedings in similar cases were quashed post-marriage to protect the family life of the parties involved.

Pivotal Court Observations

In a powerful assertion of judicial duty, the judgment stated:

> "Judiciary being a very strong pillar of our Constitution, the object of the courts... is to deliver justice; nothing more and nothing less. We would fail in our duty if we do not use the powers conferred upon us by the Legislature... by self imposed restrictions upon us."

The court strongly rebuffed the argument that the accused must face a full trial, noting the practical realities and the certain outcome.

> "Putting the applicant to trial dragging both sides... for months and years together for the purposes of getting recorded the statement of a hostile witness/prosecutrix... and then, based upon the same, waiting for the concerned court to pass a judgment of acquittal, would be an irony of fate."

The court concluded that if a Sessions Court can acquit an accused based on a hostile victim's testimony, the High Court is certainly empowered to "bury the lis" (end the dispute) at an earlier stage based on the victim's sworn affidavit to prevent undue harassment and wastage of judicial resources.

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Final Verdict

Finding it a "fit case" to exercise its inherent powers, the Allahabad High Court allowed the application and quashed the entire criminal proceedings against Ashwani Anand. The decision underscores the judiciary's role in adapting legal principles to the unique human realities of a case, prioritizing the ultimate goal of securing justice over rigid procedural adherence.