The Jammu and Kashmir and Ladakh High Court ruled that a romantic relationship or subsequent solemnization of a religious marriage cannot serve as a valid legal ground to quash criminal charges under the Protection of Children from Sexual Offences Act when the victim is a minor. Adjudicating a quashing petition in a criminal proceeding, the court held that the statutory age of consent under Indian criminal law is strictly eighteen years, rendering a minor’s purported consent legally void regardless of religious personal law traditions.
The judicial bench emphasized that the legislative objective behind the POCSO Act is to establish an uncompromising protective barrier shielding children from sexual exploitation and early marriage. The high court observed that allowing accused individuals to escape statutory criminal liability by marrying teenage victims would defeat the purpose of child protection legislation and perpetuate child marriage. The ruling firmly dismissed the petition, directing the trial court to proceed with criminal proceedings in accordance with statutory mandates.
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Sources:
https://www.verdictum.in/jammu-ladakh-high-court/2026-jklhc-sgr-368-xxxx-v-union-territory-of-jk-1624901