CRIMINAL APPLICATION (APL) NO. 654 OF 2019

8th July 2019

Petitioner Counsel: Shri M. Badar
Respondent Counsel: Shri M. K. Pathan Shri D. V. Mahajan
Act Name: Indian Penal Code, 1860 Prevention of Children from Sexual Offences Act, 2012

Section :
Section 354-A Indian Penal Code, 1860 Section 452 Indian Penal Code, 1860 Section 323 Indian Penal Code, 1860 Section 506 Indian Penal Code, 1860 Section 12 Prevention of Children from Sexual Offences Act, 2012

Cases Cited :
Para 6: Narinder Singh & Ors. Vs. State of Punjab & Anr., reported in (2014) 6 SCC 466

JUDGEMENT

PUSHPA V. GANEDIWALA, J.

Rule. Rule is made returnable forthwith and heard finally with the consent of Shri M. Badar, learned counsel for the applicant, Shri M.K. Pathan, learned APP for non-applicant No. 1 and Shri D.V. Mahajan, learned counsel for non-applicant No. 2.

2. This is an application for quashing of Sessions Trial No. 167 of 2017 arising out of FIR No. 319 of 2017 dated 15.09.2017 registered at Police Station Katepurna, Juni Basti, Tq. & District – Akola, for the offence punishable under Sections 354-A, 452, 323 and 506 of Indian Penal Code read with Section 12 of Prevention of Children from Sexual Offences Act, 2012 (hereinafter referred to as POCSO Act).

3. We have heard the learned counsel for the applicant and non-applicants. We have also heard the parties present in the Court in person. Affidavit-in-reply filed by non-applicant No. 2 is taken on record.

4. In the impugned First Information Report (FIR), it is alleged that the applicant being a neighbour, entered the house of the prosecutrix while she was alone in the house and forcibly held her hands and tried to drag her.

5. Non-applicant No. 2 – prosecutrix, who is aged about 18 years, in her affidavit-in-reply states that they have amicably settled the matter and in order to have peaceful atmosphere and harmonious relationship amongst the neighbours, she does not want to proceed with the case.

6. The Hon'ble Apex Court in the case of Narinder Singh & Ors. vs. State of Punjab & Anr., reported in (2014) 6 SCC 466, has given guidelines to be considered while quashing FIR/ Charge-sheet. Guideline No. 29.2, which are relevant in view of the facts in the application, are reproduced hereinbelow:

“29.2. When the parties have reached the settlement and on that basis petition for quashing the criminal proceedings is filed, the guiding factor in such cases would be to secure :
(i) ends of justice; or
(ii) to prevent abuse of the process of any court. While exercising the power, the High Court is to form an opinion on either of the aforesaid two objectives.”

7. In the instant case, looking to the nature of the offence and the allegations and the settlement between the parties, there are remote and minimal chances of conviction to the applicant. No purpose would be served to proceed against the applicant in these facts and circumstances. The ends of justice require to close the matter once for all.

8. In such circumstances, we are inclined to allow the application and the same is accordingly allowed by passing the following order :

Criminal Application is allowed. First Information Report No. 319 of 2017 dated 15.09.2017 registered at Police Station, Borgaon Manju, District – Akola, is quashed and set aside, subject to applicant and non-applicant No. 2 depositing amount of Rs.10,000/- each, totaling Rs. 20,000/-, as cost within six weeks from today with the Registry of this Court. On depositing the said amount, Registry of this Court shall transfer the same to the Home for Aged, Untkhana, Medical College Road, Nagpur.
In the meantime, Sessions Case No. 167 of 2017, pending on the file of the First Additional Sessions Judge, Akola, shall stand stayed, until further orders. S.O. six weeks.