Introduction:

In a significant legal development, the Telangana High Court has intervened to quash an FIR filed under the POCSO Act against an accused for allegedly marrying a minor. Justice T Madhavi Devi, in response to a plea filed under section 482 of IPC, ruled that the marriage is voidable at the instance of the minor upon reaching majority, particularly if she is dissatisfied under the Hindu Marriage Act. The accused contested the charges, asserting a happy and consensual marriage with the purported minor.

Arguments:

The accused faced charges under section 376(2)(n) IPC, 5 r/w 6 of the POCSO Act, and section 9 of the Prohibition of Child Marriage Act. The complainant, the Additional Child Development Project Office, claimed that the accused married a minor for the second time. The investigating authorities relied on school records, alleging the girl was underage at the time of marriage. The accused, denying these claims, argued that the school records were inaccurate and emphasized the couple’s contentment, highlighting their two children from the wedlock.

Court’s Judgement:

Justice Madhavi, in a noteworthy ruling, emphasized that determining the girl’s age was irrelevant, as she had reached majority and had the option to annul the marriage if dissatisfied, as per the Hindu Marriage Act. The court, taking into account the girl’s deposition of happiness and motherhood, quashed the FIR, noting that no purpose would be served by investigating her age when no allegations of abuse were present. The judgment underscored the individual’s right to decide the fate of a voidable marriage after attaining majority.