By Jeevak Mukherjee.

The Madhya Pradesh High Court has quashed an FIR lodged by a father against his son-in-law under Sections 5 and 6 of the Protection of Children from Sexual Offences (POCSO) Act. Opting for a rehabilitative approach over punitive measures, the Court considered the unique circumstances of the case. Justice Anand Pathak, presiding over a Single Bench, noted that the wife, aged 16-17, had entered a romantic relationship with her husband, aged 21-22, driven by youthful passion. They had engaged emotionally and physically beyond societal norms, eventually marrying and having a child.

The Court emphasized empathy, stating, “It is easier to seek retribution, but a judge must sensitively grasp the essence of each case. One must remember that behind every ‘F I L E’ lies a ‘L I F E’.” The petition under Section 482 of the CrPC sought the FIR’s cancellation and associated proceedings. Advocate Rahul Yadav represented the petitioner, while G.A. Sohit Mishra appeared for the respondents. Both parties, the petitioner (husband) and respondent (wife), personally appeared before the Court, confirming their marital status and child.

The wife’s statements clarified that she had willingly left her parental home and was not abducted, as alleged by her father in the FIR. Despite her being a minor during the incident, she had since attained adulthood and married her husband. The Bench acknowledged the young couple’s marriage and peaceful coexistence, highlighting that penalizing the husband would disrupt their family irreparably.

“In light of these circumstances,” the Court remarked, “the matter deserves careful consideration.” Consequently, the Bench dismissed the criminal proceedings against the husband, allowing him to go free.

Case Name: R v. Madhya Pradesh & Anr., Madhya Pradesh High Court

Citation: MISC Criminal Case No. 21004 of 2024

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