Jodhpur: The Rajasthan High Court quashed a rape case registered under the sections of the Indian Penal Code (IPC) and Protection of Children from Sexual Offences (POCSO) Act and set the accused free on a plea by the complainant who said that he was her boyfriend at the relevant time and now her husband and that the complaint was registered against him under family pressure.
Accused is my husband now and want to live a happy family life with him, complainant told High Court
The complainant approached the High Court for quashing of the FIR against the accused submitting that the First Information Report (FIR) was registered against him under pressure from her family members, as she could not hide her consensual relationship at the relevant time due to her pregnancy and that now he is her husband and she wants to live a happy family life with him.
“I am of the view that, in light of the factual narrative noted above, this is a fit case to exercise the discretionary jurisdiction under section 482 of CrPC (528 of the Bharatiya Nagarik Suraksha Sanhita, 2023) in the larger interest of justice and to avoid hardship to the parties, enabling them to live together in a congenial atmosphere and develop the harmony essential for a happy married life,” Justice Arun Monga said while quashing the case against the accused and setting him free.
Trial in the case was in progress before the trial court
The complainant was 17 years old at the time of the incident, which is legally below the age of consent. The accused, who was then her boyfriend, was 21 years old and of marriageable age. Since the complainant was a few months short of reaching marriageable age, they could not get married. On the other hand, the family of the complainant strongly disapproved of their relationship. Despite this, the consensual relationship between them continued, which was kept secret, but was eventually disclosed to the entire family when the complainant became pregnant. Subsequently, an FIR was registered and the accused was arrested in September last year and he has been in judicial custody since then. Trial in the case was in progress and the testimony of the complainant has been recorded.
She is not interested in pressing any charges against accused, complainant’s counsel told High Court
The complainant submitted before the High Court that at the time of recording her testimony, she was still under continued pressure and duress from her family members and owing to their coercive tactics, she was compelled to make a statement on dotted lines as dictated by them.
It was pointed out before the High Court that subsequent to the recording of her statement, when she attained the age of majority, she asserted her rights and entered into a written compromise February 21, 2024 with the accused, exonerating him of all charges.
The counsel representing the complainant woman further told the High Court that even today she is not interested in pressing any charges and pointed out the development that happened during the trial – the complainant and the accused have got married on May 22, 2024, according to Hindu rites, when the accused was on interim bail.
Pending criminal proceedings are preventing them from enjoying marital bliss, High Court noted while quashing case
The High Court noted that being a POCSO case and the complainant woman being a minor at the relevant time, under the recommendations of the Child Welfare Committee (CWC) followed by an order passed by a coordinate bench of the High Court, steps were taken to terminate the pregnancy in accordance with the law. Consequently, despite the complainant being willing to bear the child at the relevant time, her wishes were not fulfilled due to her age.
The High Court further noted that the complainant now wishes to fulfil those desires after her marriage to the accused and live a happy family life with him, however, the pending criminal proceedings are preventing them from enjoying marital bliss, as the accused remains incarcerated due to the alleged offence committed by him.
“The petition is thus allowed, ” the High Court said in its order while quashing the case against the accused and setting him free forthwith.
