An FIR has been quashed under the Protection of Children from Sexual Offences Act, 2012 (POSCO Act) for penetrative sexual assault, since the victim girl (now a major) claims she and the offender were in love and are about to marry by the Bombay High Court through a bench of Justices Prasanna B. Varale and SM Modak in the case of Nauman Suleman Khan v State of Maharashtra & anr (CRIMINAL APPLICATION NO.636 OF 2017).
FACTS OF THE CASE:
The victim girl’s father filed a complaint against the applicant for sexual abuse and sexual harassment of his young daughter. As a result, the applicant was charged in an FIR under Section 376 of the Indian Penal Code,1860 and Section 4 of the POSCO Act. He was arrested, and the police filed a charge sheet, which is now before the Thane Special Court.
The victim girl, who is now a major, produced an affidavit indicating that they were in love. They have agreed to marry when they have settled down in life. Her parents also filed affidavits explaining the misunderstanding when filing the FIR. They indicated that they had approved their daughter’s relationship with the applicant. The victim girl attempted to explain her testimony to the police and the magistrate. She said she was instructed to make those assertions. Despite not adopting the aforementioned rationale, the Judges were inclined to grant the quashing petition because both parties had decided to marry.
The court noted that the victim-girl did not protest to the quashing. They also took note of the applicant’s willingness to marry the victim-girl and her pledge to do so. Given their prospects, the court quashed the FIR.
JUDGEMENT REVIEWED BY REETI SHETTY