Bombay High Court Quashes POCSO Case Against 19-Year-Old After Victim's Mother's Consent

A division bench of the Bombay High Court comprising Justice Nitin W Sambre and Justice SG Dige has recently quashed a POCSO case against a 19-year-old who was booked for sexual assault and abducting a 17-year-old after the mother of the victim consented to it.

The high court was hearing a plea moved by the accused seeking quashing of the case by consent. The victim had gone out and stayed with the accused without giving an intimation to the parents for such a period. The mother had filed an FIR after she could not trace the victim.

The accused in his plea had stated that the alleged offence was registered because of the communication gap between the complainant and her daughter. It was further claimed that the petitioner had no intention to kidnap the victim from the lawful custody of the complainant and as such, the ingredients of Section 363 of the IPC may not be inferred. Further, it was contended that the allegation under Section 354 of the IPC was made out of frustration as the victim girl could not be located.

The mother of the victim then consented before the court for quashing the case against the applicant.

The court found that both the accused and the victim were friends and had stayed together without informing their parents.

“What can be noticed from the facts of the present case is, petitioner, a student appears to have been in friendly terms with the victim girl and it is out of friendship they appear to have stayed together without there being intimation to the parents of the victim girl which has prompted the mother of the victim girl i.e. complainant to lodge a complaint,” Court noted.

The high court said that if such proceedings are continued then it would cause hardship to both parties. Court said,

“In the aforesaid background, what can be noticed is, it will be contrary to the interest of justice to continue the criminal proceedings against the petitioner, a student as both the parties equally will be put to hardship, particularly, both of them decided for quashing by consent on the ground of the reasons cited in the consent extended in support of the quashing. Apart from above, we do not see any other reason to ask the petitioner to face prosecution. In the case in hand, as such prosecution in view of the consent extended by the complainant is not likely to achieve any conviction in the matter.”

The high court relied on the Apex Court’s guidelines laid down in Gian Singh Vs. State of Punjab (2012) 10 SCC 303 and quashed the POCSO case against the 19-year-old.

Case Title: Shiva Chanappa Odala vs State of Maharashtra & Anr.

Statue: Code of Criminal Procedure 1973, Indian Penal Code 1860, and POCSO Act 2013.