Bombay High Court
Nargis Sheikh Ahad And Another vs State Of Mah. Thr. Pso Talegaon ... on 23 September, 2021
Bench: V.M. Deshpande, Amit B. Borkar
1 Cri.APL No.233.21-J.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (APL) NO. 233 OF 2021
1. Nargis Sheikh Ahad,
Age - 19 years, Occu. - House-hold,
R/o. Kondhali, Tahsil - Katol,
District - Nagpur. - (Complainant)
2. Sheikh Shahid Sheikh Hanif,
Age 28 years, Occu.- Labour, - (Accused)
R/o. Kondhali, Tahsil - Katol,
District - Nagpur. ...... APPLICANTS
----VERSUS----
State of Maharashtra,
Through P. S.O., Talegaon,
Tahsil - Arvi, District - Wardha. ...... NON-APPLICANT
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Shri D. R. Bhoyar, Advocate for Applicants.
Shri N. R. Patil, Additional Public Prosecutor for Non-applicant/State.
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CORAM : V. M. DESHPANDE AND
AMIT B. BORKAR, JJ.
DATE : 23.09.2021.
ORAL JUDGMENT : (PER AMIT B. BORKAR, J.)
1. Heard.
2. Rule. Rule is made returnable forthwith.
3. By this application under Section 482 of the Code of
Criminal Procedure, the applicants have jointly prayed for
quashing the First Information Report bearing No.299/2016 for
the offences punishable under Sections 376(2)(f),(i),(n) of the
Indian Penal Code and Section 6 of the Protection of Children
from Sexual Offences Act, 2012 (in short "POCSO") and
consequent proceeding of Special (Child) Case No.52/2017
pending before the Special Judge for POCSO, Wardha.
4. The First Information Report came to be registered
against the applicant No.2 by the applicant No.1 alleging that the
applicant No.1 was 16 years old on the date of the incident and
had gone to the field for work and while returning from the said
field, applicant No.2 came from behind, put a cloth on her face
and thereafter she become unconscious. After she gained
consciousness, she saw her hands and legs were tied. The
applicant No.1 therefore, filed the First Information Report against
the unknown person.
5. The Investigating Agency carried out the investigation
and it was revealed that it is the applicant No.2, who is husband
of her elder sister and allegedly carried out sexual intercourse
with the applicant No.1. It is stated that the applicant No.1 has
given birth to male child on 02.10.2016 and has married with the
applicant No.2.
6. Today, the applicant Nos.1 and 2 are present in the
Court. The applicants have placed on record Nikah Nama, which
is on page 165 of this application. It is stated that since the
applicant Nos.1 and 2 have married and have settled their dispute,
they have jointly requested to quash the First Information Report
against the applicant No.2.
7. This Court in Criminal Application No. 988/2019 (Taj @
Arjun S/o. Ajay Mishra and Anr. Vs. State of Maharashtra) decided
on 22.10.2019, in Criminal Application No.167/2019 (Areeb
Naseer Sarguroh Vs. The State of Maharashtra and Anr.) decided
on 09.10.2019 and also in Criminal Writ Petition No.137/2015
(Meghnath Pandurang Divkar Vs. State of Goa and Ors.) decided
on 28.10.2015 has quashed the First Information Report
registered under the provisions of the Protection of Children From
Sexual Offences Act, 2012 on the ground of compromise between
them.
8. Since the applicant Nos.1 and 2 have married, we are of
the view that the prosecution against the applicant No.2 needs to
be quashed and set aside.
9. Therefore, we pass following order :
The First Information Report No.299/2016 for the
offences punishable under Sections 376(2)(f),(i),(n) of the Indian
Penal Code, Section 6 of the Protection of Children from Sexual
Offences Act, 2012 and consequent proceeding of Special (Child)
Case No.52/2017 pending before the Special Judge for POCSO,
Wardha, are quashed and set aside.
10. Rule is made absolute in the above terms. Pending
application(s), if any, stand(s) disposed of.
JUDGE JUDGE
RGurnule
