The Allahabad High Court has quashed criminal proceedings under the Protection of Children from Sexual Offences Act (POCSO) against a man accused of abducting and assaulting a girl — reasoning that continuing the trial after the girl had validly married the accused would amount to an “instrument of harassment.” The case had originated from an FIR lodged by the girl’s father alleging that his daughter had been abducted in April 2024. Charges were framed under various offences, including POCSO. However, during the investigation, the girl herself denied the allegations and stated she had left home voluntarily. Later, after she attained majority, the couple solemnized their marriage under statutory law and the woman supported the plea to quash the case through an affidavit filed in court.
When the matter reached the High Court, the State opposed the quashing petition, arguing that offences under POCSO are non-compoundable and prosecute broader societal wrongs — contending that a compromise or subsequent marriage should not entitle the accused to relief. The Court, however, expressed that its role is not merely to act as a silent bystander but to ensure justice is done, particularly when a trial would serve no productive purpose. The bench observed that forcing a married couple — living together and willing to lead their life — to repeatedly appear in court only to record a hostile testimony would drag them through a long, humiliating legal process and impose harassment, cost, social stigma, and emotional burden on them.
The Court referred to its inherent powers under the statute (paralleling earlier judicial provisions) to quash criminal proceedings in exceptional circumstances where continuation would be oppressive, futile, or serve no public interest. Given the girl’s statement denying the allegations, her subsequent valid marriage to the accused, and the absence of any realistic prospect of conviction, the Court found that no useful public or legal purpose would be served by allowing the trial to continue. The Court therefore allowed the petition, quashed the charge sheet, cancelled cognizance, and discharged the accused from all liability.
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