Protection of Children from Sexual Offences Act, 2012 (POCSO Act) – Section 19 read with Section 21 – Override of restrictions imposed under Section 198(1) read with Section 198(3) of the Code of Criminal Procedure, 1973 (Cr.P.C) – Declaration by the court – Court declares that Section 19 read with Section 21 of the POCSO Act shall override the restrictions imposed by Section 198(1) read with Section 198(3) of the Cr.P.C – POCSO Act being a special law dealing with sexual abuse and exploitation of children prevails over the general law (Cr.P.C) to the extent dealt with.

Marital rape of minor victims – Limitation period for filing a complaint – Extension of limitation period – Court’s observations – The court clarifies that Section 3(3) of the Prohibition of Child Marriage Act, 2006 (PCM Act) dealing with voidability of child marriage does not extend the limitation period for filing complaints in cases of rape of minor children who are married – However, Section 472 and Section 473 of the Cr.P.C empower the courts to extend the period of limitation if necessary or if the delay has been properly explained.

Relevant legal provisions – Doctrine of harmonious construction – In cases where a general law and a special law cover the same subject matter, the special law prevails over the general law to the extent dealt with – Principle of lex specialis derogat legi generali applied

Criminal Law – Quashing of FIR – Petition dismissed –

Petitioner charged under Sections 376 and 506 IPC and Sections 3 and 5(1) of the U.P. Prohibition of Unlawful Religious Conversion Act, 2021 – Allegations include stalking, rape, and forced conversion – Court declines to interfere with investigation given serious allegations and legislative intent to curtail societal malady [Paras 1-10].

Unlawful Religious Conversion – Legislative Purpose –

U.P. Prohibition of Unlawful Religious Conversion Act, 2021 emphasized – New statute addressing societal issues – Court notes frequent interference in initial stages would undermine legislation’s purpose [Paras 8-9].

Decision – Writ Petition Dismissed –

Court finds no grounds to interfere with FIR – Petition fails – Legislative intent and societal context considered significant in decision [Para 10].