Court prioritizes victim's welfare and family stability over statutory adherence in quashing FIR.
In a landmark decision, the Delhi High Court, presided over by Justice Anup Jairam Bhambhani, has quashed an FIR registered under the Protection of Children from Sexual Offences (POCSO) Act against Harmeet Singh in a case involving a consensual relationship between adolescents. The court emphasized that the continuation of legal proceedings would adversely impact the welfare of the victim and her family.
The judgment, delivered on April 16, 2026, addressed the complex legal issues surrounding the case. The FIR was initially registered following a report from Safdarjung Hospital when the minor prosecutrix delivered a child. The prosecutrix, who later married the accused and expressed her support for quashing the FIR, stated that she had no grievance against Singh. The court noted that the victim's consent and subsequent marriage to the accused supported the decision to quash the FIR.
Justice Bhambhani highlighted the distinction between a de-jure victim (legally defined) and a de-facto victim (one who claims loss or injury). The court observed that continuing the proceedings without a de-facto victim would not serve justice, especially when the victim herself disclaimed any loss or injury. The judgment underscored the need to align legal frameworks with lived realities to prevent harm to victims and their families.
The court also considered the welfare of the infant child born from the relationship, stating that prosecuting the accused could lead to severe consequences for the young family. The decision reflects a broader judicial trend of prioritizing substantial justice over rigid statutory adherence in cases where consensual adolescent relationships are involved.
Bottom Line:
Quashing of FIR under POCSO Act permissible in cases where the victim does not claim any loss or injury and the continuation of proceedings would harm the welfare and future of the victim and her family.
Statutory provision(s): Protection of Children from Sexual Offences Act - Section 6, Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 528, Bharatiya Nyaya Sanhita, 2023 - Section 64(1).
Harmeet Singh v. State of GNCT Delhi, (Delhi) : Law Finder Doc id # 2883981
