Allahabad High Court Quashes POCSO, Rape Case After Accused Marries Victim; Says ‘Criminality Stands Washed Off’
By Rajesh Pandey
In a significant order, the Allahabad High Court has quashed the criminal proceedings in a 2017 rape and POCSO case after noting that the accused and the alleged victim have been married for several years and are living together peacefully with their child.
The decision came from Justice Vivek Kumar Singh, who allowed the petition filed by Wasiullah and two others seeking cancellation of the case pending before a Sant Kabir Nagar trial court.
Court Observations
In its order dated November 20, the court pointed out that the accused and the girl had solemnized their marriage long ago, and a baby boy had been born out of the relationship.
The couple, the court noted, has been living a “happy married life for the last several years.”
The judge further highlighted that the girl’s father — who initially filed the FIR — had also settled with the accused before the High Court’s mediation centre.
Continuing the criminal trial, therefore, would cause unnecessary “legal injury” to both families.
The court remarked: In view of the subsequent development, the criminality, if any, committed by the applicants now stands washed off. No useful purpose would be served in prolonging the criminal prosecution.”
Background of the Case
The case began in January 2017, when the girl’s father lodged an FIR at Bakhira Police Station, Sant Kabir Nagar, alleging that his minor daughter had been lured away by the first applicant.
When police recovered the girl the same month, she stated in her Section 161 CrPC testimony that she had gone with the accused willingly and also claimed that she was not a minor but a major at the time.
While the case continued before the trial court, the situation changed dramatically. The accused and the girl married each other and started living as husband and wife.
In August 2018, they welcomed a baby boy, further solidifying their relationship.
Court’s Decision
Considering these developments — the marriage, the birth of their child, and the family settlement — the High Court concluded that continuing the prosecution would serve no purpose and would instead harm the reunited family.
The criminal proceedings were therefore fully quashed.
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