“Madras High Court Quashes POCSO Case, Citing ‘Romeo and Juliet’ Scenario and Marriage Outcome”
May 30, 2024 2024-07-05 15:18“Madras High Court Quashes POCSO Case, Citing ‘Romeo and Juliet’ Scenario and Marriage Outcome”
“Madras High Court Quashes POCSO Case, Citing ‘Romeo and Juliet’ Scenario and Marriage Outcome”
By Shazia Siddiqui
The Madras High Court recently quashed a case involving allegations of kidnapping against a man, drawing parallels to the tale of ‘Romeo and Juliet’ culminating in marriage. The case was brought before the court through a Criminal Original Petition under Section 482 of the Cr.P.C., seeking to annul proceedings initiated under Section 366(A) of the IPC and Section 6 of the POCSO Act, 2012.
Briefly, the case stemmed from the elopement of a 16-year-old girl with a 21-year-old auto driver, prompting her mother to file a missing person report. Subsequently, charges were framed against the man under relevant sections of the law. However, during the trial, both the girl and her mother turned hostile. The girl testified that she had married the accused of her own volition, and they were now residing together with their child.
Justice G. Jayachandran presiding over the bench noted the dichotomy faced by the judicial system: adhering strictly to legal provisions versus addressing humanitarian concerns. The court observed that while the POCSO Act is stringent on matters involving minors, it fails to account for cases where consensual relationships result in marriage and family formation. The judge highlighted the legal vacuum in such scenarios, which may inadvertently criminalize young couples driven by romantic impulses.
Citing the inherent powers vested under Section 482 of the Cr.P.C., the court emphasized its applicability to cases of this nature, where strict adherence to legal prosecution might undermine justice and societal welfare. The judgment reasoned that continuing the prosecution would not only jeopardize the well-being of the now adult victim but also potentially expose her to exploitation, contrary to the protective intent of the POCSO Act.
Therefore, in the interest of justice and considering the circumstances of the case, the Madras High Court allowed the Criminal Original Petition and quashed the charges against the husband. The ruling underscored the need for a balanced approach in law enforcement, where the spirit of protection intended by statutes should align with the practical realities of human relationships and social dynamics.
Case Title: Balaji@ Panai Balaji v. State Rep.by Inspector of Police
Neutral Citation:Crl.O.P.No.8025 of 2024
