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Synopsis

The Orissa High Court recently quashed criminal proceedings under the Protection of Children from Sexual Offences (POCSO) Act against a muslim man, namely Fayazuddin Khan alias Badal Khan, accused of kidnapping and sexually assaulting a minor Hindu girl.

The court, presided over by Justice Sibo Sankar Mishra, ruled that the prosecution served no further purpose, as the parties, the accused petitioner and the victim, had reconciled their differences and were now living together as husband and wife.

The court observed: “Running a trial against the petitioner in this case would amount to an abuse of the process of law, particularly given the fact that the victim and the petitioner have entered into a marital relationship and are living together in harmony. Sending the man to prison would not only be unjust but would also work against the best interests of the victim, as it could disrupt the peaceful life they have built together.”

The court made the observation in a case arising from a First Information Report (FIR), registered on May 10, 2022, alleging that the petitioner kidnapped the minor girl on May 9, 2022, and also took gold ornaments and ₹8,000 in cash from her home. Based on this complaint, the accused was charged under Sections 363, 366, and 376(2)(n) of the Indian Penal Code (IPC,) along with Section 6 of the POCSO Act. Upon investigation, a charge sheet was filed, and the trial court took cognizance of the offences.

During the pendency of the proceedings, the petitioner and the victim got married after she attained majority. It was argued before the High Court that the couple is now happily married and that the victim is unwilling to pursue the case further. The petitioner also contended that the FIR stemmed from opposition by their families due to religious differences.

The court was informed that the victim’s family has also accepted the marriage and no longer wishes to prosecute the petitioner.

Examining the distinction between ‘sexual exploitation’ and ‘adolescent love affairs’, the court emphasised that “in cases involving sexual exploitation, there is no question of quashing the proceedings; as such offences have serious implications for both the victim and society. However, where an adolescent love has evolved into a relationship that is now recognized and approved by societal norms, as seen in this case, the situation differs significantly. The fact that the victim and accused have entered into a marital relationship and are living a happy and peaceful life reflects a genuine reconciliation, which can be seen as a natural progression in such circumstances. In such instances, where the relationship has been matured to marriage and accepted by society, quashing the proceedings is not only justifiable but may also be in the interest of upholding the principles of reconciliation and personal autonomy…”

The court further underscored that same-age adolescents falling in love, eloping, and marrying shouldn't be criminalized.

The court concluded that “The continuation of legal proceedings under these circumstances serves no legitimate purpose and would only perpetuate unnecessary hardship to both the parties,” and it would be more appropriate to quash the proceedings, allowing them to move forward with their lives without the burden of legal interference.

Resultantly, the court quashed the criminal proceedings against the man.

 

Cause Title: Fayazuddin Khan @ Badal Khan v. State of Odisha & Ors. [CRLMC No. 3850 of 2024]

Appearance: Counsel for the Petitioner- Mr. Amitav Tripathy, Advocate; Counsel for the State- Mr. Bibekananda Nayak, Addl. Govt. Advocate