The bench of  Justice KM Joseph and BV Nagarathna of the Supreme Court of India dismissed the SLP filed by the State of Rajasthan filed against the quashing of an FIR by the Rajasthan High Court. 

Rajasthan High Court by its order dated 13.10.2022 had quashed an FIR registered by the prosecutrix against a 22 years old boy. Out of the relationship a 15 years old girl had given birth to a child.

The Supreme Court strait way denied interfering with the judgment of the High Court and dismissed the petitioner. It was argued by the Senior Advocate appearing for the State of Rajasthan that the High Court shall not quash FIR in POCSO Act cases and this issue is required to be decided.

Advocate Preeti Thanvi appearing for the State of Rajasthan told the law advice team that "When the prosecutrix had pain in her abdomen, she along with her family members went to the doctor and found that she was pregnant. This FIR was registered against one Tarun Vaishnav. Thereafter, a compromise took place between the parents of the prosecutrix and the accused which stated that both of them would be marrying each other after the prosecutrix attains the age of majority.

Justice Dinesh Mehta of the High Court took cognizance of the compromise and on the basis of the settlement quashed the FIR and also directed the accused to marry the prosecutrix when she attains the age of majority.

It was also told that the order has been challenged before the Supreme Court since the state is the guardian of the minor prosecutrix, and the FIR could not be quashed in the cases of POCSO on the ground of compromise. It has also been contended in the petition that the prosecutrix is neither in the capacity to enter into a compromise nor in the capacity to take a decision for her marriage since she is below the age of 16. It is a heinous offense which has to be dealt with iron hands and the same is contrary to the spirit of the POCSO Act.

Case Details:-

SLP(Crl) No. 1890/2023
THE STATE OF RAJASTHAN
Versus
TARUN VAISHNAV AND ANR