The Bombay High Court has recently quashed an FIR filed against a man, age 25 accused of sexual assault on a 17-year-old boy after victim's father and the accused reached an codial settlement.

The Court accordingly directed the Registry to deposit the amount of ₹50,000 submitted partly by accused and partly by the victim for showing bona-fides, with the District Bar Association for disbursement to Advocates in need due to Covid-19 financial distress.

The accussed here has been booked for offences punishable under Sections 364-A, 342, 347, 212, 201, 120-B, 34 of the Indian Penal Code and Sections 8,12 and 17 of the Protection of Children from Sexual Offences Act, 2012 and Section 66(k)(d) of the Information Technology Act, 2000. Later he filed an application for the quashing of the FIR under Section 482 of CrPC.

It has been submitted to the Court that the matter has been amicably worked out between applicant accused and the father of the victim.

Additional Public Prosecutor, however have raised objection on entertaining the plea for quashing in the last hearing and submitted that the Court shouldn't indulge at a belated stage, that is after the filing of the charge-sheet. He contended that the Investigating Agency has already invested ample time on investigation.

The Court though passed an order on July 10, 2020 and recorded willingness of the applicant and victim's father to deposit ₹25,000 each with the Registry to show the bona fides. Accordingly, both parties deposited the amount.

The Court to this noted:

"Considering the nature of accusations made by the non-applicant No.2, the fact that the victim boy, though minor, was aged about 17 years at the time of the incident and as the parties have amicably worked out the matter and the trial has not yet commenced, we are of the view that no fruitful purpose would be achieved by keeping the trial pending and interests of justice would be sub-served by quashing the proceedings subject to utilising the amount deposited by the applicant and non-applicant No.2 for some appropriate purpose."

Thus the Court quahed the FIR against the acussed/applicant. The Registry has been directed to handover the deposited amount of ₹50,000 to the District Bar Association, Nagpur.

The order has been passed by Bench comprising of Justice ZA Haq and Justice SM Modak on 21-07-2020.

Read Order Here:

 

Picture Source :