Introduction:

In a recent ruling, the Rajasthan High Court decides to quash criminal proceedings against a POCSO accused after learning about the survivor’s happily married life with the accused. The judgment emphasizes the survivor’s statement before the court regarding her marital relationship with the accused and the positive family situation they share.

Arguments of Both Sides:

The counsel for the respondents, including the survivor and her father, does not raise objections to quashing the FIR. The court observes that the survivor and the accused have solemnized marriage, leading to a contented life with a three-year-old child. Citing previous cases such as Tarun Vaishnav v. State of Rajasthan, Dalveer Singh v. State of Rajasthan, and Juber Ali & Ors. v. State of Rajasthan, the court relies on similar instances where charges were dropped to ensure the well-being of families, survivors, and children born from such relationships.

Court’s Judgement:

Justice Mahendar Kumar Goyal, presiding over the single judge bench in Jaipur, quashes the ongoing rape case against the accused. The decision is based on the verification of the survivor’s marital relationship and the presence of a three-year-old child born out of their union. The court finds it appropriate to drop charges against the accused, considering the circumstances and the precedent set in similar cases.