A Supreme Court Division Bench comprising of Justices Suya Kant and J.K. Maheshwari issued notice on a combined petition filed by a POCSO Victim and the accused saying that they were in love relationship and got married as soon as they turned major. Now both of them are married and living happily and the FIR was lodged under the family pressure of the prosecutrix.

The bench while issuing notice on the petition also directed the trial court to defer the hearing of the case till the next date of hearing before the Apex Court. 

It was argued by Senior Advocate K.Paul appearing for the couple that the FIR appears to be lodged under the pressure of the family since it says that the boy stabbed the girl and raped her whereas she has stated on affidavit before the High court that she had lodged the FIR under the pressure of her family members.

The petition says that the case of the petitioner is covered by the judgment of the Supreme Court in the case of K Dhandapani V. The State by the Inspector of Police in Criminal Appeal No. 796/2022 wherein the Supreme Court has extended a similar relief to a couple who got married after the registration of FIR.

The SLP has been filed against the order passed by the Rajasthan high court.

Case Details:-

SLP (Crl.) No:  3603/2023
SANJAY & ANR.                                      Petitioner(s)
                                VERSUS
THE STATE OF RAJASTHAN                             Respondent(s)

Read oder dated 27.03.2023

Appearance of the Advocates

For Petitioner(s)                    
                   Mr. Kastav Paul, Sr. Adv.
                   Mr. Rishi Matoliya, AOR
                   Mr. Nikhil Kumar Singh, Adv.
                   Mr. Pavan Sharma, Adv.
                   Mr. Raghuveer Pujari, Adv.
                   Mr. Sumati Sharma, Adv.