A minor petitioner sought quashing of a rape and POCSO charge-sheet, asserting a consensual relationship, Nikah and a wish to live with the accused and their child.
Judge / Bench — Hon’ble Mr. Justice Yash Paul Bourney, Judge
The Jammu & Kashmir and Ladakh High Court held that those circumstances did not erase the alleged offences where the petitioner fell below the statutory age of consent. They could, at most, bear on bail; they did not justify quashing the prosecution through inherent jurisdiction. The Court also found that the minor had approached without a guardian and was not competent to invoke that jurisdiction in that manner. The petition was dismissed. No bail was granted and guilt remained for trial. The petitioner’s court-ordered anonymity is preserved in this report.
Case — XXXX (Name withheld) v. Union Territory of JK & ors. · CRM(M)/783/2026 · 28 October 2026 · Srinagar wing
Advocates appearing — Petitioner — Ms. Zarin Ali, Adv. Respondents — Mr. Numan Idrees Malik, GA.