Kidnapping and POCSO charges quashed where parties lead a stable matrimonial life to prevent disruption of family unity.

In brief

The question

1. Whether the FIR and consequential proceedings should be quashed under the court's inherent powers when the alleged victim claims to have married the accused voluntarily and is living a stable matrimonial life

The court held

The High Court answered the issues in the affirmative, holding that continuing the proceedings would not serve the ends of justice

It also directed

Under Section 528 of the BNSS, 2023, the Court quashed FIR No. 107/2019 and all consequential proceedings arising therefrom

The petition and all pending applications were disposed of accordingly

01Facts

The petitioner sought the quashing of FIR No. 107/2019 registered at P.S. Khyala under Sections 363/366 of the IPC

¶ 1

The complainant (the victim’s father) initially alleged that on April 1, 2019, the petitioner and his father kidnapped his daughter, "N," in a car

¶ 3-4

an investigation in December 2020 revealed that "N" had voluntarily married the petitioner and they had a daughter

¶ 6

"N" stated she was 21 years old, loved the petitioner, and left her home to escape a forced marriage arranged by her father

¶ 7, 16

An ossification test estimated her age between 17 and 20 years

¶ 8

Despite "N" giving a statement under Section 164 Cr.P.C. exonerating the petitioner, a charge-sheet was filed under Sections 363/366 IPC and Section 6 of the POCSO Act

¶ 8, 16

At the time of the judgment, the couple had been living together for seven years and had two children

¶ 10, 15

02Issues

i.1. Whether the FIR and consequential proceedings should be quashed under the court's inherent powers when the alleged victim claims to have married the accused voluntarily and is living a stable matrimonial life

¶ 10, 19

ii.2. Whether the continuation of criminal proceedings serves a meaningful purpose when the chances of conviction are bleak and the prosecution would disrupt a settled family unit

¶ 19-20

03Law Applied

The court exercised its inherent powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (formerly Section 482 Cr.P.C.) to prevent the abuse of the process of law and secure the ends of justice

¶ 20

The court relied on the principles established in Mohd. Parwej v. State, 2026 SCC OnLine Del 1030, and Harmeet Singh v. State of GNCT Delhi & Ors., 2026:DHC:3142, which support the quashing of proceedings in matrimonial matters where the parties are living happily and the likelihood of conviction is remote

¶ 19

Provisions in the judgment · 5 · Linked ones open on LawLens

Indian Penal Code, 1860 Section 34 Section 363 Section 366

Protection of Children from Sexual Offences Act, 2012 Section 6

Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528

04Reasoning

The court observed that the victim's statement under Section 164 Cr.P.C. was entirely exculpatory, as she categorically denied any kidnapping and asserted she left her parental home voluntarily due to her father's maltreatment

¶ 16

The court noted that the ossification test was inconclusive regarding her minority, as the upper age limit was opined at 20 years

¶ 16

Furthermore, a police verification report confirmed the authenticity of the marriage and the birth of two daughters (born in 2019 and 2022)

¶ 15

The court reasoned that since the couple had established a stable, "blissful matrimonial life," pursuing a criminal trial years after the incident would be counterproductive

¶ 18-19

It concluded that the evidence presented a "very bleak chance" of conviction, and maintaining the litigation would only serve to disrupt the welfare of the family and the children

¶ 19