The Bombay High Court recently quashed an FIR under the Protection of Children from Sexual Offences (POCSO) Act after the victim, now above 18, expressed her desire to marry the accused. The court noted that continuing the case would negatively impact their relationship and future together.
A division bench of Justice Prasanna B Varale and Justice Shriram M Modak passed the judgment while handling a criminal application filed by the accused. The accused was booked by the Navi Mumbai Police in 2015 under IPC and POCSO Act for allegedly raping a minor. The girl’s father had lodged the complaint for the sexual harassment of his daughter.
“We are inclined to accept the request for quashing the FIR, considering their future. If the prosecution continues, it will affect their peaceful life,” stated the bench.
During the prosecution, the applicant resolved the dispute with the girl, who has now reached adulthood. The girl filed an affidavit stating that she and the accused were in love and had decided to marry after establishing their careers.
The girl’s parents also filed affidavits explaining the misunderstanding behind lodging the FIR and accepted the relationship between their daughter and the accused. Although the victim tried to explain her previous statements recorded by the police and magistrate, claiming she was influenced to give them, the court did not accept this explanation.
The court further added, “We accept the prayer for quashing as both parties have agreed to marry. The victim girl had no objection to quashing the FIR. The accused, present in court, has given an undertaking to marry her, which we have accepted.”
Case Title: XYZ v. State of Maharashtra
By focusing on the couple’s future and mutual consent, the Bombay High Court decided to quash the POCSO case, allowing them to move forward with their lives together.
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