NEW DELHI: The Delhi High Court has quashed a First Information Report (FIR) against a 19-year-old man charged with rape and other serious offences, considering the consensual relationship he had with a 17-year-old girl.
The couple had engaged in a physical relationship, resulting in the birth of a child. Taking a compassionate stance, the court underscored that continuing the case would adversely impact the well-being of the child and the lives of all involved.
The case centred around the FIR, which was registered after the girl, still a minor at the time, became pregnant and was reported to the police by hospital authorities during her final stage of pregnancy.
The 19-year-old petitioner was subsequently arrested under sections of the Indian Penal Code, including kidnapping and rape, along with provisions of the Protection of Children from Sexual Offences (POCSO) Act.
The court, led by Justice Anish Dayal, noted the case’s unique circumstances. During proceedings, the girl’s mother, acting as her legal guardian, expressed no objection to the quashing of the FIR. She filed an affidavit highlighting the couple’s consensual relationship and her family’s acceptance of the situation.
Furthermore, the couple’s decision to marry was cited, and the court learned that the girl and her child were currently residing with her parents. While the state opposed the petition, emphasising that a minor is legally incapable of giving consent, Justice Dayal recognised the humanitarian aspects of the case.
He noted that continuing with the legal proceedings would “destroy the lives of three individuals – the couple and the newborn child.” The judge further referred to similar cases, where High Courts have quashed FIRs under analogous circumstances, acknowledging young couples’ immaturity and emotional decisions.
The court used its inherent powers to quash the FIR, acknowledging the exceptional nature of the case and the broader implications for the family involved.
"While no one is gainsaying the necessity of strict legislations like POCSO, there is a clear gap to be recognised, especially considering the social realities which include consensual adolescent relationships. Judgements like this bridge the gap between the intent of legislation and the actual implementation of the same. The court has recognised the gap that POCSO fails to address and exercised its inherent jurisdiction in the truest sense", Advocate Shreesh Chadha said while speaking to the TNIE.