POCSO FIR Can't Be Quashed Only Because Victim And Accused Have Married And A Child Is Born: Bombay High Court

Just because a minor girl has fallen in love with an adult man and their families have got them married and she has given birth to a child does not mean that the offences under the Protection Of Children from Sexual Offences (POCSO) Act are not made out, the Bombay High Court held on Friday (September 26).

A division bench of Justices Urmila Joshi-Phalke and Nandesh Deshpande refused to quash an FIR lodged against 29-year-old man and his parents, booked under the charges of the stringent POCSO Act and also the Prohibition of Child Marriage Act.

From the record, the bench noted that the girl fell in love with the accused (now her husband) and then, the said relationship received acceptance from both their families and subsequently on June 2, 2024, their marriage was performed as per Muslim rites.

"Though she states that the said marriage was as per the Muslim rites and religion, but at the time of marriage, she was below 18 years of age. When she delivered the child at the relevant time also, she was below 18 years of age," the judges noted.

The bench further took into account the fact that the accused is presently 29 years of age and at the time of incident i.e. alleged marriage, he was approximately 27 years of age.

"At least, he ought to have understood that he should wait till the girl attains 18 years of age. Then in spite of having knowledge that the girl is minor, when he takes her away from the legal custody of her parents, from that point itself he commits the offence. Merely because now the girl hasbgiven birth to the child, we are of the opinion that the acts of the applicants cannot be brushed aside," the bench held in the order.

In its 18-page order, the judges referred to the observations of the Supreme Court in the ongoing suo motu public interest litigation titled: Right to Privacy of Adolescents, Suo Motu Writ Petition (C) No.3 of 2023.

The judges also considered the contentions of the Central Government in the said suo motu case before the top court, as stated in its affidavit, wherein, specifically the Union has expressed reluctance to reduce the age of consent contending that the same would disturb the very purpose for which the POCSO Act was enacted.

"As the consent of the minor is irrelevant and the stand taken by the Central Government before the Aepx Court also shows that it would be against the mandate of the Constitution of India, as law is not for the individuals but for society at large. If a relief provided under statute could be obtained only by following a certain procedure made therein for that purpose, that procedure must be followed, if he is to obtain that relief. Justice has got to be done according to law," the judges observed.

The bench therefore rejected the petition filed by the accused and his parents, who sought to quash the FIR lodged against them, considering the fact that the victim was minor at the time of marriage, as well as when she was subjected for the physical relationship.

"We, therefore, do not find this to be a fit case, where we should exercise our powers under section 482 of the Code of Criminal Procedure by making the case as of exceptional circumstance," the bench said while refusing to quash the FIR.

Appearance:

Advocate SV Sirpurkar appeared for the Applicants.

Additional Public Prosecutor Sneha Dhote represented the State.

Advocate Yash Venkatraman represented the Victim.

Case Title: MABRB vs State of Maharashtra (Criminal Application 1128 of 2025)

Click Here To Read/Download Judgment