The Karnataka High Court has dismissed a criminal case against a 16-year-old boy under the Protection of Children from Sexual Offences Act after a mutual settlement was reached between the two parties, Live Law reported on Friday.

The case pertains to a minor boy and girl, who had eloped from Bengaluru in 2021. They were found together in Chikmagalur days later.

The boy was subsequently charged with rape under the POCSO Act and granted bail by a Juvenile Justice Board after he had spent a few days in police custody, according to The Hindu.

However, the families of the two minors had approached the High Court saying they did not wish to pursue the case.

In India, the POCSO Act aims to protect children from sexual assault and sexual harassment. However, the law makes no distinction between assault and consensual relationships between young people.

Under this law, anyone who has information about a sexual act with a person under 18 years of age is required to report it to the police.

Also read: The law that criminalises sex between young people in India

On Friday, a single judge bench of Justice M Nagaprasanna noted that while the objective of the POCSO Act was laudable, it does not mean one can punish young children who fall in love.

“A romantic love between a boy and a girl of the age of adolescence, sometimes arising out of infatuations, results in the boy embroiling himself into the vortex of the provisions of the POCSO Act,” Justice Nagaprasanna said, according to PTI.

He pointed out that in many cases adolescents indulge in sexual acts due to lack of knowledge of the consequences of the law.

“The act has been done in the frenzy of youth, owing to human curiosity coupled with biological cravings,” Justice Nagaprasanna added. “These are acts which are entirely different from those which become offences under Section 5, which deals with aggravated penetrative sexual assault.”