The Bombay High court in its order dated April 29, 2022 quashed an FIR against a man charged under Protection of Children from Sexual Offences Act (POCSO Act) for penetrative sexual assault. The reason for the same given by the High court is that the victim girl is now a major, she and the accused were allegedly in love and will now be getting married soon.
Case:
The FIR was filed in 2015 by the father of the girl, who was then a minor. The father had filed a complaint for sexual abuse and sexual harassment against his daughter’s adult boyfriend.
Subsequently an FIR under Section 376 of Indian Penal Code and under Section 4 of the POCSO Act was registered against the accused. He was arrested and the police had also filed charge sheet which was pending before the Special Court at Thane.
Girl Now A Major
The victim girl has now turned a major, and thus approached court with an affidavit stating that she and her partner were in love with each other. She informed the Court that the two have decided to marry after settling in life in their respective careers.
The girl also explained to the High Court how her statements were recorded by the Police and Magistrate after she was allegedly tutored to give those statements. The Court did not accept this clarification though.
Surprisingly, her parents also filed affidavits, giving explanation of misunderstanding while lodging the FIR. They stated to have accepted the ‘friendship’ between their daughter and the accused man.
Bombay High Court
Justices Prasanna B. Varale and SM Modak heard the matter and stated,
We are inclined to accept the request for quashing the FIR, only by considering their future. If the prosecution still remains, it will come in way of their peaceful life.
The justices noted that the victim-girl has given a no objection for quashing. They further took note that the applicant is willing to marry with the victim-girl and has given an undertaking to that effect. The FIR was subsequently quashed.
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READ ORDER | Bombay HC Quashes Rape & POCSO FIR As Complainant Now A Major & Ready To Marry Her 'Rapist' Boyfriend
— Voice For Men India (@voiceformenind) June 8, 2022
HC:"We are inclined to quash FIR, only by considering their future. If prosecution still remains, it'll come in way of their peaceful life"https://t.co/niRT5qv4BU
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