Gujarat High Court quashes POCSO case after girl marries accused upon turning 18
The Gujarat High Court has quashed a First Information Report (FIR) filed under the Protection of Children from Sexual Offences (POCSO) Act, after the girl in the case submitted an affidavit stating that she had voluntarily married the accused upon reaching the age of majority.
Justice M R Mengdey of the Gujarat High Court passed the order on June 16, allowing a petition filed by the accused man. The court quashed the FIR registered at Surendranagar district, along with 'all other consequential proceedings thereof.'
The case originated from a complaint filed on February 12, 2025, by the girl's mother, who alleged that the man had abducted her daughter five days earlier. At the time of the incident, the girl was a minor. Based on the complaint, police registered offences under Sections 137(2) and 87 of the Bharatiya Nyaya Sanhita (BNS), 2023, as well as Section 12 of the POCSO Act.
However, during the proceedings, the girl — now an adult — appeared in court and filed an affidavit in support of the accused. She produced a marriage certificate showing that she had married the man after turning 18. The court, noting that the girl had attained majority and had voluntarily entered into the marriage, decided to quash the FIR.
The High Court's decision highlights the legal distinction between cases where a minor is alleged to have been abducted and cases where a relationship later culminates in a lawful marriage after the girl becomes an adult. The court's order was based on the principle that continuing criminal proceedings would not serve the interests of justice, given the changed circumstances.
Legal experts say that while the POCSO Act is designed to protect children from sexual abuse, courts often consider the wishes of the victim if she has since turned 18 and entered into a consensual relationship. However, such decisions are made on a case-by-case basis, and the court must be satisfied that the marriage is voluntary and not the result of coercion or undue influence.
The quashing of the FIR means that the accused man will not face trial for the offences originally alleged. The court's order brings legal closure to the matter, but it also underscores the complexities involved in cases where the age of the victim and the nature of the relationship are central issues.
