Married to accused and has a daughter: Woman gives no objection as Delhi HC quashes POCSO case

New Delhi: The Delhi High Court has quashed a POCSO FIR after the woman involved married the accused, had a daughter with him and gave her no objection to ending the proceedings.

Delhi High Court quashes POCSO FIR after woman marries accused, has a minor daughter and tells court she does not want to pursue the case.

The Delhi High Court has quashed an FIR registered under rape, POCSO and child marriage provisions after the woman involved told the court that she had married the accused, had a minor daughter with him and did not wish to pursue the case.

Justice Madhu Jain quashed the FIR registered in South Delhi in 2024 after considering the woman's affidavit and her statement that she was living with the accused as his wife.

The woman, who was a minor when the FIR was registered, told the court that she was living happily with the accused and did not want to continue the criminal proceedings.

She and the accused are currently living together with their minor daughter.

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What the court said

The High Court said it had considered the "peculiar facts and circumstances" of the case, including the woman's voluntary statement, her no-objection to the proceedings being ended and the fact that the couple were living together as a family with their daughter.

The court observed that continuing the criminal proceedings would not serve a useful purpose in the circumstances presented before it.

It also noted that both parties wanted to maintain their matrimonial and family relationship and secure the welfare of their minor child.

FIR and charges quashed

The court ordered the quashing of the FIR registered under:

• Section 376 of the Indian Penal Code, relating to rape
• Section 6 of the Protection of Children from Sexual Offences Act, 2012
• Sections 9 and 10 of the Prohibition of Child Marriage Act, 2006
• The order also quashed all consequential proceedings arising from the FIR, including proceedings pending before the trial court.
• Woman’s no-objection considered

The petition seeking quashing of the FIR was filed before the Delhi High Court on behalf of the accused and others.

The petitioners told the court that the parties had resolved their differences and were living together as husband and wife with their daughter.

The woman also submitted an affidavit expressing her no-objection to quashing the FIR and related proceedings.

The court took these circumstances into account while passing its September 30 order.

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Why the case has drawn attention

The order highlights the High Court's decision to exercise its jurisdiction to end criminal proceedings based on the particular circumstances presented in this case.

The fact that the woman was a minor when the FIR was registered remains an important part of the case. The court's order was based on the specific circumstances before it, including her present voluntary statement, marriage, family situation and request that the proceedings be discontinued.

The order should not be read as establishing that marriage automatically cancels or legalises offences under the POCSO Act. Quashing petitions are considered on their individual facts and the circumstances placed before the court.

The case illustrates the distinction between quashing an individual criminal proceeding and declaring that the underlying conduct was lawful.

The Delhi High Court did not make a general ruling that marriage can retrospectively legalise sexual activity involving a minor. Instead, Justice Madhu Jain considered the particular facts, including the woman's current position, her no-objection and the couple's family circumstances, and concluded that continuing the proceedings would not serve a useful purpose.

The order therefore applies to the specific FIR and proceedings before the court. It does not remove the statutory protections provided to children under POCSO in other cases.