Court exercises discretion under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, considering marriage and peaceful cohabitation of the parties involved.
In a significant legal development, the Gauhati High Court has quashed the criminal proceedings against Sapiyel Hoque, alias Sapial Hoque, in a case involving alleged violations of the Prohibition of Child Marriage Act and the Protection of Children from Sexual Offences (POCSO) Act, 2012. The decision was rendered by Justice Mr. Pranjal Das, who exercised judicial discretion under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, citing the unique circumstances of the case.
The petitioner, Sapiyel Hoque, was charged under Sections 9, 10, and 11 of the Prohibition of Child Marriage Act, along with Sections 6 and 17 of the POCSO Act, following a First Information Report (FIR) lodged by Arafat Hussain on February 2, 2023. The FIR alleged child marriage, leading to an investigation and subsequent charges against Hoque.
During the proceedings, it was revealed that the alleged victim, Sohana Parbin, had married Hoque and was living peacefully with him, with the couple having a minor child. Parbin submitted an affidavit expressing her desire for the proceedings to be quashed, citing potential harm to her and her child's well-being if the trial continued.
The court noted the societal implications of child marriage and the serious nature of offences under the POCSO Act. However, it acknowledged the current marital status and peaceful cohabitation of the parties involved as mitigating factors. Justice Das highlighted that proceeding with the trial would be futile and potentially detrimental to the interests of the child and Parbin herself.
In his order, Justice Das referenced previous decisions in similar cases, where proceedings were quashed under analogous circumstances. The court's decision reflects an evolving judicial approach towards balancing legal provisions with the practical realities of the parties involved.
The order effectively quashes the proceedings of Special(P) Case No.121/2024, pending before the Special Judge of South Salmara Mankachar, thus concluding the legal battle for the couple. The decision underscores the court's ability to exercise discretion in cases where legal and social considerations intersect.
Bottom Line:
The court has the discretion to quash criminal proceedings under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, in cases involving Prohibition of Child Marriage Act and POCSO Act, 2012, considering the peculiar facts and circumstances where the parties are married, living peacefully, and have a minor child.
Statutory provision(s): Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, Sections 9/10/11 of Prohibition of Child Marriage Act, Section 6/17 of POCSO Act, 2012.
Sapiyel Hoque Alias Sapial Hoque v. State of Assam, (Gauhati) : Law Finder Doc id # 2854969
