The Bombay High Court has quashed a case filed under the Protection of Children from Sexual Offences (POCSO) Act against a 19-year-old man, following the victim’s mother’s consent. The court determined that the accused and the minor girl had stayed together due to their friendship and concluded that it would not be justifiable to pursue the case further. [Shiva Chanappa Odala v. State of Maharashtra & Anr]
The Division Bench, comprising Justices Nitin Sambre and SG Dige, noted that the accused, who was a student, appeared to have a friendly relationship with the minor girl and had stayed with her without the knowledge of their parents.
The court concluded that pursuing the criminal proceedings against the petitioner, a student, would not be in the best interest of justice. The court further stated that both parties would be equally affected, and it would be appropriate to quash the case with the consent of both parties. The court held that the reasons cited in support of the quashing were valid, and it would be appropriate to conclude the case on those grounds.
The accused also argued that he had no intention of kidnapping the girl from the complainant’s lawful custody. He further claimed that the allegation under Section 354 was made out of frustration, as the minor girl could not be found, and he was not involved in any act that could be categorised as outraging modesty.
Source: https://www.barandbench.com/news/litigation/bombay-high-court-quashes-pocso-case-19-year-old-mother-minor-girl-consents