Bombay HC quashes POCSO case as victim, now above 18, and accused decide to marry each other – The Indian Express

A division bench of Justice Prasanna B Varale and Justice Shriram M Modak passed a judgment in a criminal application by the accused booked by Navi Mumbai Police in 2015 under IPC and POCSO Act for raping a minor. The girl’s father had filed a complaint for sexual harassment of his minor daughter.

“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 the way of their peaceful life,” the bench noted.

The Court noted that during pendency of prosecution, through intervention and well wishers, the applicant had settled a dispute with the girl and that “now she has attained majority”. The girl filed an affidavit which said that the two were in love with each other and they have decided to marry after settling in life in their respective careers.

The girl’s parents also filed affidavits and gave an explanation about misunderstanding while lodging FIR and said that they have accepted “the friendship” between their daughter and the accused. The victim tried to give an explanation about her statement recorded by the police and the magistrate, alleging that she was tutored to give those statements, but the court did not accept it.

However, the bench noted: “We are inclined to accept the prayer for quashing for the reasons that both have agreed to marry. We accept her readiness as an undertaking given to this Court. Victim girl had given no objection to quashing the FIR. When the applicant is present in the Court, we also asked about his (the accused) readiness to marry the victim girl, he has given an undertaking to marry her. We have accepted it as an undertaking given to the Court.”

The court allowed the plea and quashed and set aside the FIR before disposing off the plea.