[Cites 13, Cited by 0]
Bombay High Court
Sanket Diliprao Pal vs State Of Maharashtra Through Pso Ps ... on 4 December, 2025
2025:BHC-NAG:13720-DB
913 apl 1920-2025.doc 1/13
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (APL) NO.1920/2025
Sanket s/o Diliprao Pal
Aged about 26 years, Occu. Labourer,
R/o Bhidi, Taluka Deoli, District Wardha.
... APPLICANT
...VERSUS...
1. State of Maharashtra
Through PSO PS Deoli, Dist: Wardha.
2. XYZ Victim (Crime No.0221/2022)
Through PSO PS Deoli, Dist Wardha
...NON-APPLICANTS
---------------------------------------------------------------------------------------------
Shri M.N. Ali, Advocate for appellant
Ms S.V. Kolhe, Advocate for the non-applicant/State
---------------------------------------------------------------------------------------------
CORAM : URMILA JOSHI-PHALKE, AND
PRAVIN S. PATIL, JJ..
DATED : 04.12.2025
ORAL JUDGMENT
. Heard. Admit.
2. Heard by consent of learned Counsel for both the
parties.
3. Present application is preferred by the applicant for
quashing of the First Information Report (for short "the FIR") in
connection with Crime No.221/2022 registered with Police Station
Deoli, District Wardha for the offences punishable under Sections
376(2)(n) and 506 of the Indian Penal Code, Sections 4 and 6 of
the Protection of Children from Sexual Offences Act, 2012 and
Section 67(B) of the Information Technology Act, 2000, and the
consequent proceedings arising out of the same bearing Special
Case No.56/2022.
4. The present applicant seeks exception to challenge at
the initial stage, the FIR in connection with the above said crime.
The brief facts which are necessary for the disposal of the
application are as under:
The FIR is lodged on the basis of a report by mother of the
deceased. The victim aged about 16 years and 1 month, whose birth
date is 16.01.2006 is her daughter. On 06.03.2011, at about 11.30
p.m., the present applicant approached to them and on obstructing
her, he left the place. Thereafter, she has verified the mobile phone
of her daughter and she witnessed the photograph of applicant as
well as her daughter. Therefore, she made an inquiry with her
daughter. Her daughter was communicating with the present
applicant and subsequently was deleting the messages. In the
month of January, 2022, the victim was taken by him on the
promise of marriage as there was love affair between them and she
was subjected for forceful sexual assault by the present applicant as
well as her photograph was also obtained. On the basis of said
report, police have registered the crime. During investigation, the
statement of victim was also recorded wherein she has stated that
she got acquaintance with the present applicant and the present
applicant has provided her mobile phone thereafter she used to
communicate the victim. The present applicant took her various
occasions stating that he has feelings for her thereafter on the
promise of marriage subjected her for forceful sexual assault and
her obscene photographs are also obtained by the present applicant.
The victim was referred for the medical examination. After
completion of the investigation, the chargesheet is filed.
5. Now, the present application is filed by the applicant
on the ground that they have now performed marriage and they are
residing together. Therefore, there is no substance in the allegation
now. Out of love affair, they come together and leading their
matrimonial life. So also, no purpose would be served by continuing
the criminal proceedings against him. In view of that the FIR
deserve to be quashed.
6. Per contra, learned APP strongly opposed the same and
relied upon the decision of this Court in Criminal Application
No.1128/2025 decided on 26.09.2025 and submitted that the issue
regarding the adverse relationship is pending before the Hon'ble
Apex Court. In view of that the application deserves to be rejected.
7. After hearing both the sides and on perusal of the
entire investigation papers which are filed along with application, it
reveals that at the time of incident, the victim was minor. As per her
statement, she was taken and she was subjected for forceful sexual
assault and the obscene photographs are also obtained. During
these subsequent events, they both have performed the marriage
and, therefore, this application is filed.
8. Before entering into the merits of the case we would
like to refer the decision of the Hon'ble Apex Court in the case of
Right to Privacy of Adolescents, Suo Motu Writ Petition (C) No.3 of
2023 with Criminal Appeal No.1451 of 2024, decided on 23 rd May
2025, wherein the Hon'ble Supreme Court has shown concern
regarding criminalization of consensual adolescent relationships
under POCSO Act. Learned Amicus Curiae had prayed for certain
directions to be given to the Central Government to consider
decriminalizing adolescent relationships under POCSO Act and to
frame a national sex education policy and the Hon'ble Supreme
Court had given certain directions to the Central Government and
asked to consider the implementation of the suggestions of the
learned Amicus Curiae based on the report. It appears that the final
directions are already given by the Apex Court in the following
manner:
It is directed by the Apex Court that:
We direct the State to take following measures:
"i) To act as a true guardian of the victim and her
child;
ii) To provide a better shelter to the victim and her
family within a period of few months from today;
iii) To bear the entire expenditure of the education
of the victim till Xth standard examination and if
she desires to take up education for a degree
course, till the completion of degree course. After
she passes her Xth standard examination, the State
can offer her vocational training, obviously, at the
cost of the State;
iv) To bear the entire expenditure of the education
of the child up to Xth standard and ensuring that
she is educated in a very good school in the vicinity
of the place of residence of the victim; and
v) To endeavour to take the assistance of NGOs or
public-spirited citizens for the purpose of securing
the debts incurred by the victim as a one-time
measure."
9. The Hon'ble Apex Court further issued notice to the
Union of India through the Secretary of the Ministry of Women and
Child Development and directed to serve the notice to the said
Secretary. It is further directed that the Secretary of the Ministry of
Women and Child Development shall appoint a Committee of
experts to deal with the suggestions of the learned amicus curiae.
Senior officers of the State shall be a part of the Committee. If
necessary, the Committee can also consult the learned senior
counsel appointed as amicus curiae. Immediately on service of
notice, the Secretary shall constitute a Committee. The members of
the Committee constituted by this Court shall be permanent invitees
to the said Committee; and the Committee shall submit a detailed
report before the returnable date to this Court. To consider the
implementation of the suggestions of the learned amicius curiae
based on the said report, this Court will pass further directions from
time to time.
10. It appears that the final directions are still awaited. The
Central Government has filed its response before the Apex Court.
The copy of the response is also placed on record another
application bearing No.1128/2025. The stand taken by the Union of
India in the reply is that reducing the age of consent would
reintroduce the very mischief the law was enacted to prevent. The
amendment in the said enactment serves the legitimate state
interest of protecting minors from sexual exploitation and ensuring
that welfare of child is paramount and, therefore, submitted that
the existing age of consent ought to be retained in order to give full
effect to the legislative intent, protect the bodily integrity of
children, and uphold the constitutional and statutory safeguards
accorded to them.
11. The Union of India further submitted that the State
possesses a legitimate constitutional and legal interest in prescribing
and maintaining minimum age of consent, in furtherance of its
obligation to protect children from exploitation, and such a
legislative framework, is a reasonable and proportionate exercise of
its power under Articles 14, 15, 21, 39(f) of the Constitution of
India. It is further stand of the State that the State has a legitimate
interest in regulating social practices through legislation. Law is not
tailor made for individuals but for society at large and hence, till the
time the mischief remains, the relevance of the law remains. It is
further stand of the Union of India that reducing the age of consent
undermines the principle of fresh start and disproportionately
burdens the child victims contrary to constitutional and statutory
mandates.
12. In the background of the above proceeding which is
pending before the Hon'ble Apex Court, it would be relevant to
consider the object with which the Protection of Children from
Sexual Offences Act was introduced. The primary object of
Protection of Children from Sexual Offences (POCSO) Act are to
protect all children under 18 from sexual assault, sexual harassment
and child pornography and to provide a supportive environment for
child victims. The act ends to achieve this part strengthening legal
provisions against child sexual abuse, mandating the reporting of
offences to prevent under reporting, establishing special Courts for
speedy trials and creating the child friendly legal process that
protects the victim's identity and mental health. The Act was
introduced to protect children. Now the question is what should be
the age group to consider that it is adolescent love or love between
two adolescents and now the said issue is pending before the
Hon'ble Apex Court. This aspect is already dealt by the co-ordinate
Bench in the case of Aakash s/o Nanasaheb Waghmare Vs. The
State of Maharashtra and another in Criminal Application
No.2514/2024, decided on 25th June 2025 and by referring the
decision of K. Dhandapani vs. State by the Inspector of Police, 2022
SCC Online SC 1056, observed that when the offence was
committed, the prosecutrix was aged 14 years. She gave birth to
the first child when she was 15 years and the second child was born
when she was 17 years of age. The Hon'ble Apex Court in clear
terms observed that, "In the peculiar facts and circumstances of this
case, we are of the considered view that the conviction and
sentence of the appellant who is maternal uncle of the prosecutrix
deserves to be set aside in view of the subsequent events that have
been brought to the notice of this Court." It is observed by the co-
ordinate Bench that there was a full-fledged trial wherein accused
was convicted by the Special Judge, confirmed by the High Court
and then the matter reached the Hon'ble Supreme Court. The entire
evidence was before the Hon'ble Supreme Court when the matter
was heard. Even with directions by the Hon'ble Supreme Court on
8th March 2022, it was directed that the District Judge should
record the statement of the prosecutrix about her present status and
that subsequent events were then considered. The powers those
were exercised in that matter by the Hon'ble Supreme Court, were
under Article 142 of the Constitution of India and therefore, the
same cannot be considered while considering the present
compromise or prayer based upon the so-called compromise. The
other decisions which the applicant wants to rely on are of Co-equal
Bench and taking into consideration the facts, the powers then
exercised.
13. The Co-ordinate Bench also considered the scientific
reason for making the rule for age of marriage and observed that
despite of the prohibition the child marriages are extensively taking
place in spite of the efforts by the Government to educate the
people about the hazards of the child marriages. The teenage
pregnancy would be the second social problem. When such child
marriages take place there is a risk of complication related to
pregnancy and some may result in death. There is also higher risk
of premature births of the children to minor mothers with other
health problems. When such social menace is there, that is also
required to be considered by this Court.
14. In the light of the above observation and the object of
the Protection of Children from Sexual Offences Act by turning to
the facts of the present case, if we consider the recitals of the FIR as
well as the chargesheet it appears that out of love relationship,
there was sexual relationship between the applicant and non-
applicant No.2, now they have performed the marriage, but at the
time of incident, she was below 18 years of age, which cannot be
brushed aside is that the applicant No.1 is 26 years of age, who is
aware about the consequences of his act and, therefore, at the
initial stage, we have shown our disinclination to entertain the
application.
15. The POCSO Act is gender neutral and criminalizes
sexual activity by those below of the age of 18. Under the said Act,
factual consent in a relationship between minors is immaterial. The
provisions contained in POCSO Act does not in actuality prevent
adolescents from engaging in consensual sexual activity. Such
activity continued to take place and sometimes leads to
consequences such as pregnancy.
16. In view of the stand taken by the Central Government
before the Hon'ble Apex Court and considering the facts that victim
was below 18 years of age at the time of marriage, as well as at the
time of physical relationship, we have shown our disinclination to
entertain this application at the initial stage and, therefore, the
application stands rejected.
(PRAVIN S. PATIL, J.) (URMILA JOSHI-PHALKE)
R.S. Sahare
Signed by: Mrs. Ranjana Sahare
Designation: PA To Honourable Judge
Date: 08/12/2025 17:33:11
