Bombay HC Quashes POCSO FIR After Victim Marries Accused, Notes Minor’s Consent Irrelevant

The Bombay High Court quashed an FIR of a case under the POSCO Act against a man and his parents after the victim, now an adult, married the accused. 

The Court observed that the relationship was consensual and ongoing, and continuing prosecution would serve no purpose while affecting the marital harmony. 

The Division bench of Justices Urmila Joshi-Phalke and Nandesh Deshpande noted the victim was under 18 both at the time of marriage and when the physical relationship occurred.

The Court held that consent of a minor is irrelevant under POCSO and the offences could not be overlooked, highlighting statutory compliance and societal interests.

[MABRB v State of Maharashtra]