Bombay High Court Quashes Sexual Assault FIR Under POCSO Act As Victim (Now A Major) & Accused To Marry

Justices Prasanna B. Varale and SM Modak 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 their peaceful life."

The father of the victim girl had filed a complaint for sexual abuse and sexual harassment of his minor daughter by the applicant. The applicant was consequently accused in a FIR under Section 376 of Indian Penal Code and under Section 4 of the POCSO Act. He was arrested and the police had also filed charge sheet which is pending before the Special Court at Thane.

The victim girl, now a major, filed an affidavit stating that they were in love with each other. Now they have decided to marry after settling in life in their respective careers. 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 applicant.

The victim girl tried to give an explanation about her statement recorded by the Police and Magistrate. She alleged that she was tutored to give those statements. Without accepting the said explanation, the Judges were inclined to accept the prayer for quashing since both have agreed to marry.

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. In view of their prospects, the court quashed the FIR.

Case Title : Nauman Suleman Khan v State of Maharashtra & anr

Citation : 2022 LiveLaw (Bom) 200

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