The Delhi High Court on Monday refused to quash criminal proceedings in a sensitive case involving allegations of kidnapping, child marriage, and sexual assault. Justice Sanjeev Narula dismissed the petition filed by Akhilesh and others, who sought to end the case after reaching a settlement with the young prosecutrix. The judge made it clear that serious offences under the POCSO Act and the Prohibition of Child Marriage Act cannot simply be brushed aside through compromise.
Background
The case stemmed from an FIR lodged in December 2023 at Bhalswa Dairy Police Station. The complaint was filed by the father of a 17-year-old girl who had gone missing. He suspected that two men, Ankit and Paras, had kidnapped his daughter.
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The girl was later traced in January 2024 to Ganganagar, Rajasthan, where she was found in the company of Ankit (one of the petitioners). A medical report confirmed a pregnancy, and the FIR was expanded to include charges of sexual assault, child marriage, and kidnapping.
In her later statements, the girl explained a tangled history: a relationship with Ankit, pressure from her family leading to a forced marriage with Akhilesh, and then her eventual return to Ankit. She later clarified that she was now living with Akhilesh as his wife and pregnant with their second child. Importantly, she appeared before the court and expressed that she did not want the case to continue against the petitioners.
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Court’s Observations
Despite the prosecutrix’s stance, the court was categorical in its reasoning. Justice Narula noted that under the POCSO Act, consent of a minor below 18 years has no legal value. The law defines sexual intercourse with a minor leading to pregnancy as aggravated penetrative sexual assault, which carries severe punishment.
“The bench observed, ‘Marriage or cohabitation at a later stage does not erase the offence. Compromise cannot be a passport out of a sexual crime,’” the order read.
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The court also highlighted that the Prohibition of Child Marriage Act criminalises child marriages regardless of the present status of the relationship. Allowing quashing on settlement grounds, the court remarked, would amount to giving judicial approval to conduct that Parliament has expressly criminalised.
Decision
Ultimately, the court refused to quash the FIR or the ongoing proceedings. Justice Narula dismissed the petition, holding that offences of this nature are not private disputes that can be settled between parties.
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The judge concluded that the matter requires a full-fledged trial, where evidence will be examined in detail, and directed that the trial court should proceed independently without being influenced by the High Court’s observations.
The order underscores the judiciary’s strong stance against child marriage and sexual offences, reaffirming that settlements or subsequent marriages cannot wash away serious crimes.
Case: Akhilesh & Ors. v. State (Govt. of NCT Delhi) & Anr.
CRL.M.C. 5383/2025
Date of Order: 8 September 2025
