30 January 2024 FIR >> Criminal Law   |   Family Law >> Personal Law  

A recent judgment by the Delhi High Court has stirred legal debate regarding the interplay between POCSO (Protection of Children from Sexual Offences Act) and considerations of consent in romantic relationships with age disparities.

Facts:

The case involved a Petitioner (male) and Respondent no. 3 (female) engaged in a relationship. The woman's minor status at the time of the relationship led her family to file an FIR against the man, alleging kidnapping (Section 363 IPC). However, the woman's subsequent statement during investigation acknowledged a consensual relationship with the petitioner. Notably, the couple had since married and borne two children.

Petition to Quash FIR:

The Petitioner sought to quash the FIR, contending that the relationship with the victim (Respondent no. 3) was consensual and that their marital status and children reflected their commitment. The State opposed the petition, emphasizing the non-compoundable nature of the offenses under Section 376 IPC and the POCSO Act.

Court's Reasoning and Inherent Powers:

The Court acknowledged the gravity of the alleged offenses. However, it emphasized its inherent powers under Section 482 CrPC (Code of Criminal Procedure) to quash FIRs in exceptional circumstances. This power aims to prevent abuse of legal process and achieve just outcomes.

The Court's decision to quash the FIR hinged on the following factors:

• The couple's lawful marriage and their dependent children.
• The lack of objection from the victim (now wife) regarding the FIR's quashing.
• The potential disruption and hardship to the family unit if the case proceeded.

The Court's reasoning prioritized the couple's desire to build a future together and the potential harm to their family if the prosecution continued.

Legal Implications and Lingering Questions:

This case raises complex questions concerning the definition of consent in POCSO matters, particularly when one party is a minor. While the Court's decision acknowledges its inherent powers in extraordinary circumstances, it shouldn't be interpreted as a general precedent for similar situations.

The paramount concern within the legal framework remains the protection of minors and ensuring genuine consent. This case serves as a reminder of the intricate legal considerations surrounding love, relationships, and age disparities.

Indian Penal Code, 1860    

Protection of Children from Sexual Offences Act, 2012    

Code of Criminal Procedure, 1973    

Constitution of India, 1950