Case Note & Summary
The petitioner, Faizal Salim Shaikh, was accused in Final Report No. 55 of 2019 arising out of C.R. No. 0105 of 2019 registered at Koregaon Park Police Station, Pune, for offences punishable under Sections 376, 323, 506 of the Indian Penal Code (IPC) and Sections 4, 6, 12 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). The case was pending before the learned Special Judge, District and Sessions Court, Shivajinagar, Pune. The petitioner filed a writ petition under Article 226 of the Constitution of India seeking quashing of the FIR and all consequential proceedings on the ground that the dispute had been amicably settled with the victim's mother (respondent no. 2) and the victim had attained majority. The Court noted that the victim had attained majority and the parties had settled the matter. The Court held that continuing the prosecution would be an abuse of the process of law and quashed the FIR and all consequential proceedings. The petition was allowed.
Headnote
A) Criminal Law - Quashing of Proceedings - Compromise in POCSO Cases - Sections 4, 6, 12 of Protection of Children from Sexual Offences Act, 2012 read with Sections 376, 323, 506 of Indian Penal Code, 1860 - The petitioner, accused of offences under POCSO Act and IPC, sought quashing of FIR and criminal proceedings on the ground that the dispute had been amicably settled with the victim's mother and the victim had attained majority. The Court held that since the victim had attained majority and the parties had settled the matter, continuing the prosecution would be an abuse of the process of law. The Court quashed the FIR and all consequential proceedings. (Paras 1-10) B) Constitutional Law - Inherent Powers - Article 226 of Constitution of India - Quashing of Criminal Proceedings - The Court exercised its writ jurisdiction under Article 226 to quash criminal proceedings in a POCSO case where the parties had settled the dispute and the victim had attained majority. The Court observed that the High Court has inherent power to prevent abuse of process of law and to secure the ends of justice. (Paras 1-10)
Issue of Consideration
Whether criminal proceedings under the POCSO Act and IPC can be quashed on the basis of a compromise and settlement between the accused and the victim's mother, especially when the victim has attained majority and the parties have amicably resolved their differences.
Final Decision
The Court allowed the petition and quashed C.R. No. 0105 of 2019 and all consequential proceedings including Final Report No. 55 of 2019 pending before the Special Judge, District and Sessions Court, Shivajinagar, Pune.
Law Points
- Compromise in POCSO cases
- Quashing of criminal proceedings under Article 226
- Settlement between accused and victim's family
- Abuse of process of law
- Majority of victim
