Mumbai The Bombay high court (HC) has quashed a First Information Report (FIR) registered in a Protection of Children from Sexual Offences (POCSO) case after it was informed that the minor girl, who has now become an adult, and the accused, were in love and had decided to get married.
The court quashed the case and said that continuing it would adversely affect the relationship.
The division bench of justices Prasanna Varale and S M Modak, while hearing the application of the accused seeking quashing of the FIR registered against him in 2015 at the behest of the victim’s father, was informed by advocate Datta Mane that the police had filed a chargesheet in the case and the same was pending before the Thane POCSO court.
Mane further submitted that during the pendency of the prosecution, through intervention and well-wishers, his client had settled the dispute with the victim.
The bench was further informed that the victim had filed an affidavit through advocate Hrishikesh Hartalkar stating her willingness to give a no objection to quash the FIR against the accused.
After hearing the submissions, the court sought to know from the victim, who was present in court, whether she was giving her consent out of her free will to which she responded in the affirmative.
However, the court observed that the victim had been tutored to give the statement and hence was not accepting it. Later, it observed, “So, we are inclined to accept the request for quashing the FIR, only by considering their future.” The court then directed the accused to file an affidavit of the undertaking within 15 days, failing which the case against him would be revived.
The accused was 19 at the time of the incident, while the victim was 17. They were having an affair and had indulged in sexual activities. When the victim’s father found out about their relationship, he filed a POCSO case against the accused.