Case Note & Summary
The applicant, Nauman Suleman Khan, was accused in FIR No. I-240 of 2015 registered at Vashi Police Station for offences under Section 376 of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences Act (POCSO Act). The complaint was filed by the father of the victim girl, alleging sexual abuse and harassment of his minor daughter. The applicant was arrested, and a charge-sheet was filed, pending as POSCO Special Act No. 198 of 2015 before the Special Court at Thane. During the pendency of the prosecution, through intervention and well-wishers, the applicant settled the dispute with the victim, who had by then become major. Both parties were present in court. The victim filed an affidavit stating that she and the applicant were in love and had decided to marry after settling in their respective careers. Her parents also filed affidavits explaining that the FIR was lodged due to a misunderstanding and accepted the friendship between their daughter and the applicant. The victim attempted to explain that her earlier statements to the police and magistrate were given under tutoring, but the court did not accept that explanation. The court, however, was inclined to accept the prayer for quashing considering the parties' agreement to marry. The court accepted the victim's readiness as an undertaking and also asked the applicant about his readiness to marry, which he gave as an undertaking to the court. The court quashed the FIR and proceedings, only by considering their future, noting that if the prosecution continued, it would affect their future.
Headnote
A) Criminal Law - Quashing of FIR - Settlement between parties - Section 376 IPC, Section 4 POCSO Act - The Court quashed the FIR and proceedings on the basis of settlement between the accused and the victim, who had become major, and their mutual undertaking to marry, considering their future and the no-objection from the victim and her parents (Paras 4-6).
Issue of Consideration
Whether the FIR and proceedings under Section 376 IPC and Section 4 POCSO Act can be quashed on the basis of settlement between the accused and the victim, who has now become major, and their mutual agreement to marry.
Final Decision
The Court allowed the application and quashed FIR No. I-240 of 2015 and the pending POSCO Special Act No. 198 of 2015, considering the settlement, the victim's no-objection, and the mutual undertaking to marry.
Law Points
- Quashing of FIR
- Settlement between parties
- Undertaking to marry
- POCSO Act
- Section 376 IPC
- Compromise in non-compoundable offences
