Court Rules Consensual Relationship Between Adolescents Should Not Be Equated with Sexual Assault
In a significant ruling, the Uttarakhand High Court has quashed the FIR against Aman Sagar, a 21-year-old accused, in a case involving a consensual relationship with a 17-year-old girl. The judgment, delivered by Justice Alok Mahra, emphasized the importance of distinguishing consensual adolescent relationships from sexual assault cases, highlighting the manifest arbitrariness of treating them as equivalent under Article 14 of the Indian Constitution.
The FIR, initially registered under Sections 140(3), 137(2), 84, and 64(2)(m) of the Bharatiya Nyaya Sanhita, 2023, along with sections of the Protection of Children from Sexual Offences (POCSO) Act, was lodged after the minor left her home without informing her parents. The court observed that the FIR was filed under a misconception and that the victim, being mature enough, understood the consequences of her actions.
The court noted that the continuation of criminal proceedings in such cases would result in oppression and injustice, affecting the future of both parties involved. The court took into account the affidavits filed by the mother of the petitioner and the father of the victim, which supported the compounding application. The victim, present in court, expressed her desire to marry the petitioner upon reaching the age of majority.
Justice Mahra emphasized that consensual relationships between adolescents should not be unnecessarily criminalized, as it collapses meaningful distinctions and violates Article 14. The court highlighted the need to resolve disputes through compromise, provided they do not contravene societal norms or promote savagery.
In conclusion, the High Court allowed the writ petition, quashing the FIR and all related proceedings, thereby allowing the parties to pursue a peaceful resolution. The petitioner, currently in judicial custody, is to be released immediately if not required in any other case. The compounding application was disposed of accordingly.
Bottom Line :
Consensual relationship between a 17-year-old and a 21-year-old cannot be treated on par with sexual assault, as it collapses meaningful distinctions and results in manifest arbitrariness under Article 14 of the Constitution. Continuation of criminal proceedings in such cases may amount to abuse of process of law when the parties are in a consensual relationship and their future is at stake.
Statutory provision(s): Bharatiya Nyaya Sanhita, 2023 Sections 140(3), 137(2), 84, 64(2)(m), Protection of Children from Sexual Offences (POCSO) Act Sections 5(l)/6, Constitution of India, 1950 Article 14
Aman Sagar v. State of Uttarakhand, (Uttarakhand) : Law Finder Doc id # 2963405
