Case Note & Summary
The applicants, including the husband and his family members, sought quashing of FIR No.196/2025 registered at Telhara Police Station for offences under Section 64(1) of the Bharatiya Nyaya Sanhita, 2023, Sections 4(1) and 8 of the Protection of Children from Sexual Offences Act, 2012, and Sections 9, 10, 11 of the Prohibition of Child Marriage Act, 2006. The FIR was lodged by Police Head Constable Rahul Tayade based on information that the victim had delivered a baby on 10.05.2025 and that her marriage was solemnized when she was 17 years old. The applicants contended that there was a love affair between applicant No.1 and the victim, and after families became aware, they performed the marriage according to Muslim rites on 02.06.2024. The victim had attained majority by the time of marriage. The court examined the facts and found that the victim was major at the time of marriage and the relationship was consensual. The court held that continuing the proceedings would be an abuse of process of law and quashed the FIR and all consequential proceedings.
Headnote
A) Criminal Law - Quashing of FIR - POCSO Act - Prohibition of Child Marriage Act - Consensual Relationship - Marriage after Majority - The court considered whether FIR under Sections 64(1) BNS, 4(1) and 8 POCSO Act, and Sections 9, 10, 11 of Prohibition of Child Marriage Act should be quashed when the victim and accused had a love affair and married after the victim attained majority. Held that since the victim was major at the time of marriage and the relationship was consensual, continuing proceedings would be an abuse of process. FIR quashed. (Paras 1-10) B) Criminal Law - Quashing of FIR - Inherent Powers - Section 482 CrPC - Abuse of Process - The court exercised inherent powers to quash FIR to prevent abuse of process and secure ends of justice, as the allegations did not disclose any offence after the victim attained majority and consented to marriage. (Paras 8-10)
Issue of Consideration
Whether the FIR and proceedings under the POCSO Act and Prohibition of Child Marriage Act can be quashed when the victim and accused entered into a consensual relationship and marriage after the victim attained majority.
Final Decision
The court allowed the application and quashed FIR No.196/2025 registered with Telhara Police Station and all consequential proceedings.
Law Points
- Quashing of FIR
- POCSO Act
- Prohibition of Child Marriage Act
- Consensual relationship
- Marriage after attaining majority
- Inherent powers under Section 482 CrPC
