Shubham S/O. Dadarao Sawang vs State Of Mah. Thr. Pso Khadan Ps, ...
2023 Latest Caselaw 10391 Bom

2023:BHC-NAG:14966-DB

                      Judgment                              1      911-Cri.APL No.1318..2023J.odt



                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                                      NAGPUR BENCH, NAGPUR.

                            CRIMINAL APPLICATION (APL) NO. 1318 OF 2023

                          Shubham S/o. Dadarao Sawang,
                          Aged about 21 years, Occu. - Student,
                          R/o. At Vasava postal colony,
                          Kaulkhed, Akola.                              .... PETITIONER

                                                // VERSUS //

                 1)       State of Maharashtra,
                          Through Police Station Officer,
                          Khadan Police Station, Akola.

                 2)   ABC - Complainant,
                      Police Station Khadan, Akola.         .... RESPONDENTS
                 ____________________________________________________________
                      Mr. K.H. Anandani, Advocate for petitioner.
                      Mr. S.M. Ghodeswar, Additional Public Prosecutor for
                      respondent No.1/State.
                      Mr. B.K. Suchak, Advocate for respondent No.2.
                 ____________________________________________________________

                                       CORAM : VINAY JOSHI AND
                                               VALMIKI SA MENEZES, JJ.

DATED : 09.10.2023

ORAL JUDGMENT : (Per Vinay Joshi, J.)

1. Heard.

2. Rule. By consent of the learned counsel appearing for

the parties, the matter is taken up for final disposal.

3. This is an application seeking to quash First Information

Report (FIR) bearing Crime No.885/2022, registered with Police

Station Khadan, Akola for an offence punishable under Sections Judgment 2 911-Cri.APL No.1318..2023J.odt

354-D and 506 of the Indian Penal Code (IPC) and Sections 11 and

12 of the Protection of Children from Sexual Offences Act, 2012

(POCSO Act), with related charge-sheet in Special Child Case

No.31/2023, on account of mutual consent.

4. The informant is father of victim girl. The accused is

maternal uncle of the victim. It is informant's case that the accused

used to continuously follow the victim. He has expressed his love

towards her and asked to remain in his contact. He also threatened

her and insisted her to listen the things. On 26.12.2022, the

applicant forced the victim to sit on his bike and took her for a ride.

The victim disclosed the things to her parents, therefore the report.

5. Principally, the offence of stocking has been allegedly

committed by the accused. The police have completed the

investigation and filed charge-sheet. It is informed that though the

charges are framed, yet the evidence has not commenced. The

parties are closely related to each other. With the intervention of

relatives for keeping cordial relation amongs the family, they

decided to settle the dispute. The informant has filed an affidavit

stating that out of anger, he has lodged the report and he do not

wish to proceed further. The informant is present before the Court

with his daughter, they are identified by the learned Counsel Judgment 3 911-Cri.APL No.1318..2023J.odt

appearing in their behalf. The informant stated that he do not wish

to continue the prosecution as it will affect their family relationship.

6. The principal allegation is of continuously following a

minor girl which amounts to stocking, punishable with

imprisonment which may extend to five years. The offence

punishable under Section 12 of the POCSO Act may attract

punishment which may extend to five years of imprisonment. It

reveals that the applicant is closely related with a minor. He has

given threats and continuously followed the victim. The said act of

applicant cannot be termed as heinous one. The applicant is cousin

brother of the mother of victim, meaning thereby he is a close

relative.

7. The informant desire to maintain the cordial relation in

between the family, for which he do not wish to continue the

prosecution. The applicant undertook that he will not repeat the

things nor try to contact with the victim in any manner. The

applicant is aged about 23 years and taking education in ITI

Electrical Course.

8. We have brought to the notice that because of

allegations, the police required to investigate the matter, file

charge-sheet, as well as the Special Court has spent time in dealing

with the matter. At this juncture, applicant's learned Counsel Judgment 4 911-Cri.APL No.1318..2023J.odt

expressed that the applicant would deposit sum of Rs.10,000/-

towards costs.

9. Having regard to the accusation, close family

relationship and informant's non inclination to proceed against the

applicant, we deem it fit to exercise the power under Section 482 of

the Code of Criminal Procedure.

10. In view of that the application is allowed. FIR bearing

Crime No.885/2022, registered with Police Station Khadan, Akola

for an offence punishable under Sections 354-D and 506 of the IPC

and Sections 11 and 12 of the POCSO Act and related charge-sheet

bearing Special Case No.31/2023, pending on the file of Adhoc

District and Sessions Judge, Akola are hereby quashed and set aside,

on condition that the applicant to deposit cost of Rs.10,000/- (Rs.

Ten thousand only) with the High Court Legal Services Sub-

Committee, Nagpur within a period of two weeks from today.

11. Matter be placed on 26.10.2023 for reporting

compliance.

                                          (VALMIKI SA MENEZES, J.)                         (VINAY JOSHI, J.)


                               Kirtak




Signed by: Mr. B.J. Kirtak
Designation: PA To Honourable Judge
Date: 11/10/2023 18:47:01