The Allahabad High Court, while examining a petition under Section 482 CrPC, set aside criminal proceedings initiated under the POCSO Act, noting that compelling a couple, now living together in a settled marital relationship, to undergo trial merely to extract a hostile testimony would amount to misuse of process and serve as an unwarranted tool of harassment.
The matter arose from an FIR lodged by the woman’s father, alleging that the petitioner had abducted his daughter in April 2024. During the investigation, however, the woman consistently stated that she had voluntarily left her parental home and had never been subjected to any misconduct. She later married the petitioner and supported the plea seeking quashing of the FIR. Despite her categorical stand, the police still proceeded to file a chargesheet.
Justice Kshitij Shailendra, allowing the petition, emphasised that the High Court cannot function as a “passive onlooker” where the continuation of proceedings would defeat the ends of justice. The Court underscored that the role of the judiciary is not to multiply complexities but to ensure that the legal system provides meaningful relief.
In strong words, the judge highlighted that requiring a woman to repeatedly appear before criminal courts for years in order to secure the acquittal of her own husband, when she denies any wrongdoing, would reduce the criminal process to an oppressive mechanism rather than a protective one. The Bench reiterated that the law must align with societal realities, and judicial intervention becomes necessary to prevent injustice.
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