Court Emphasizes Serious Societal Impact of Child Marriage and Sexual Offences Against Minors, Directs Trial to Continue Despite Parties' Settlement
In a significant ruling on September 30, 2026, the Delhi High Court, presided over by Justice Mini Pushkarna, dismissed a petition seeking to quash the First Information Report (FIR) against Sher Bahadur @ Shera, accused of forcibly marrying a minor girl and subjecting her to sexual assault. The petition was filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), corresponding to Section 482 of the Code of Criminal Procedure, 1973 (CrPC), which allows the High Court to quash criminal proceedings in appropriate cases.
The case arose from FIR No. 152/2019 registered at Vasant Kunj South Police Station, Delhi, involving grave allegations under sections 363, 366A, 376, and 506 of the Indian Penal Code (IPC), Section 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012, and Sections 9 and 11 of the Prohibition of Child Marriage Act, 2006. The victim, then approximately 17 years old, was allegedly forced into marriage with the petitioner, about 38 years old, and subjected to repeated sexual assault.
Despite the petitioner's claim that the parties had since married and were living together happily, the Court underscored that offences involving child marriage and sexual assault on minors are of a grave nature and cannot be treated as private disputes subject to compromise. Citing Supreme Court precedents including Gian Singh v. State of Punjab (2012), Parbatbhai Aahir v. State of Gujarat (2017), and Ramji Lal Bairwa v. State of Rajasthan (2025), the Court reiterated that while the High Court has inherent powers to quash criminal proceedings in certain cases, such powers must not be exercised in matters involving heinous offences with serious societal implications.
The Court emphasized that the protective objectives of the POCSO Act and the Prohibition of Child Marriage Act are aimed at safeguarding minors, particularly girls, from exploitation and abuse. It held that allowing quashing on the basis of a subsequent settlement or cohabitation would effectively legitimize forced child marriage and sexual exploitation, undermining public interest and legislative intent.
Justice Pushkarna noted the significant age gap of approximately 20 years between the petitioner and the minor girl, the victim's immediate approach to the police upon escape, and the statutory provisions designed to prevent such offences. She concluded that quashing the FIR would amount to defeating the ends of justice and that the trial must proceed to ensure accountability and uphold societal interests.
This ruling reinforces the judiciary's firm stance against child marriage and sexual offences involving minors, highlighting that such offences demand rigorous prosecution irrespective of any private settlements.
Bottom Line:
Quashing of FIR under Section 528 BNSS on the basis of compromise cannot be granted in a case involving allegations of rape of a minor, offence under POCSO Act and child marriage - Such offences are grave, have serious societal impact, and cannot be treated as private disputes merely because parties have subsequently settled or are living together as husband and wife.
Statutory provision(s):
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528, Indian Penal Code Sections 363, 366A, 376, 506, Protection of Children from Sexual Offences Act, 2012 Section 6, Prohibition of Child Marriage Act, 2006 Sections 9, 11
Sher Bahadur @ Shera v. State Govt. of NCT of Delhi, (Delhi) : Law Finder Doc Id # 2992882
