Madras High Court Quashes FIR Under POCSO Act Following Marriage and Compromise

Court Observes Offence as Personal in Nature; Suggests Redefining 'Child' Under POCSO Act

In a significant ruling, the Madras High Court has quashed an FIR registered under sections of the Protection of Children from Sexual Offences (POCSO) Act, 2012, against the petitioner Kamaraj. The FIR was initially filed over allegations of penetrative sexual assault on a 17-year-old girl, who later married the petitioner. The couple, now living peacefully with their child, sought to withdraw the charges, leading to a compromise between the parties.

The court, presided over by Justice N. Sathish Kumar, highlighted that the nature of the offence was individual and personal, not impacting any overriding public interest. This decision aligns with the guidelines provided by the Supreme Court, which allows for quashing of non-compoundable offences if they are personal in nature and do not affect societal interests.

The prosecution's case stated that the petitioner had developed a romantic relationship with the victim, which led to the filing of the FIR. However, after the couple's marriage, both parties expressed their desire not to pursue the charges, prompting a joint compromise memo to be submitted to the court.

Justice Kumar acknowledged the increasing number of cases involving consensual teenage relationships being prosecuted under the stringent provisions of the POCSO Act. He referred to previous judgments, particularly noting the Sabari v. Inspector of Police case, which called for a re-evaluation of the definition of 'Child' under the POCSO Act, suggesting a reduction of the age limit to 16 years. This would potentially allow for more lenient treatment of consensual relationships between adolescents.

The court's order, while quashing the FIR, emphasized the importance of considering the future of young individuals involved in such cases. It noted that continuing with criminal proceedings would only extend the mental agony for the petitioner, the victim, and their families.

By quashing the FIR, the court has paved the way for the couple to move forward with their lives, free from the legal burdens that could have had a lasting negative impact on their future. The decision reflects a nuanced understanding of the complexities surrounding adolescent relationships and the application of the POCSO Act.

Bottom Line:

Quashing of FIR under Section 482 CrPC - FIR registered under POCSO Act - Parties have entered into a compromise and married each other - Court observed that the offence in question is individual/personal in nature, not affecting overriding public interest - Quashing FIR will pave way for parties to settle down in life.

Statutory provision(s):  

• - Section 482 of the Criminal Procedure Code, 1973  
• - Sections 5[1], 5[j][ii], and 6 of the Protection of Children from Sexual Offences Act, 2012

Kamaraj v. State, (Madras) : Law Finder Doc Id # 2800496