In an unusual but emotionally charged hearing at the Allahabad High Court, Justice Vivek Kumar Singh on Thursday quashed a nearly nine-year-old POCSO and kidnapping case after noting that the accused and the prosecutrix had long been married and were raising a child together. The bench remarked that dragging the case any further would “serve no useful purpose” and could shatter an already-settled family life.
Background
The case dates back to December 2016 when the girl’s family lodged an FIR alleging she was enticed away by applicant Wasiullah. The FIR invoked charges under IPC sections 363, 366, 504, 506 and sections 7/8 of the POCSO Act. Shortly after her recovery, the girl told police she had left on her own, considered herself a major, and wanted to marry Wasiullah. She repeated this before a magistrate. The medical board assessed her age as around 18 years.
Over the years, the young couple married (Nikah) and had a son in 2018. In October 2025, both families reached an amicable settlement before the High Court Mediation Centre. The girl’s parents withdrew objections to the marriage and future litigation.
Court’s Observations
The bench acknowledged the State’s objection that POCSO offences normally cannot be quashed because they are viewed as crimes against society. However, the Court stressed the striking nature of the present circumstances.
“The bench observed, ‘The parties have solemnized marriage, are living together happily, and a child has been born out of the wedlock. The criminality, if any, now stands washed off.’”
Justice Singh also relied on multiple Supreme Court rulings where prosecutions involving serious offences were quashed when the accused and prosecutrix had married, were living peacefully, and the continuation of proceedings would destroy an established family. The Court noted that the chances of conviction were “not only remote but bleak,” and carrying on the trial would be nothing but a “futile pursuit” consuming scarce judicial time.
In a candid tone, the judge added that keeping the case alive would “break a happy family comprising the applicant and the prosecutrix,” something the Court was unwilling to allow in these peculiar circumstances.
Decision
Concluding that justice demanded a practical, humane approach, the High Court quashed the entire proceedings of Sessions Trial No. 187 of 2017-including the chargesheet and summoning orders-pending before the POCSO Court in Sant Kabir Nagar. No order on costs was made.
Case Title: Wasiullah and 2 Others vs. State of U.P. and 3 Others
Case No.: Application U/S 528 BNSS No. 34844 of 2025
Case Type: Criminal Application under Section 528 BNSS (seeking quashing of criminal proceedings)
Decision Date: 20 November 2025