Allahabad High Court Quashes POCSO Charges Against Accused After Marriage with Alleged Victim

High Court exercises inherent powers to quash proceedings as alleged victim supports accused, denies allegations, and enters into matrimonial relationship with him.

In a significant judgment, the Allahabad High Court, on November 21, 2025, quashed the criminal proceedings against Ashwani Anand under the POCSO Act and related charges, acknowledging the matrimonial relationship between him and the alleged victim, who supported the quashing of the case. The case, arising from an FIR lodged by the victim's father, accused Anand of abducting the victim. However, subsequent developments revealed that the alleged victim, having attained majority, denied the allegations and confirmed her marriage with Anand.

The court, presided over by Justice Kshitij Shailendra, observed that the alleged victim submitted an affidavit denying the charges and affirming her voluntary marriage with the accused. The High Court invoked its inherent powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to quash the proceedings, emphasizing the need to secure the ends of justice over technical adherence to procedural norms.

The judgment highlighted the court's approach to prioritize practical realities and socio-economic circumstances over rigid legal technicalities. It drew on precedents where the Supreme Court quashed similar proceedings in light of matrimonial ties between accused and alleged victims, thereby preventing undue harassment and abuse of judicial process.

The State opposed the quashing, arguing the non-compoundable nature of POCSO offences and their societal implications. However, the High Court underscored the victim's autonomy and the absence of any ongoing dispute, thereby justifying the quashing of charges to prevent unnecessary legal proceedings.

The judgment reflects a broader judicial approach to consider the socio-legal context and individual circumstances, ensuring that justice prevails beyond procedural constraints. The court's decision underscores the judiciary's role in addressing human issues with empathy while balancing legal principles.

Bottom Line:

Criminal proceedings under the POCSO Act can be quashed by the High Court under its inherent powers if the alleged victim, who has attained majority, denies the allegations and supports the accused's application for quashing, particularly when the victim and the accused have entered into a matrimonial relationship.

Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528, Indian Penal Code Sections 363, 366, POCSO Act Sections 11/12, CrPC Section 161, 164, Bharatiya Sakshya Adhiniyam, 2023 Section 183

Ashwani Anand v. State of U.P., (Allahabad) : Law Finder Doc Id # 2813065