Case Note & Summary
The applicants, Taj @ Arjun S/o. Ajay Mishra (accused) and Ragini Ashok Amarnani (complainant), jointly filed a criminal application under Section 482 of the Criminal Procedure Code, 1973 read with Article 227 of the Constitution of India, seeking quashing of FIR No.396/2015 dated 21.09.2015, charge-sheet No.251/2015 dated 24.11.2015, and all criminal proceedings arising therefrom. The FIR was registered at Lakadganj Police Station, Nagpur, for offences under Sections 354(a)(1)(i), 354(d), 341, 506(b) of the Indian Penal Code and Sections 7, 8 of the Protection of Children from Sexual Offences Act, 2012 (POCSO). The incident occurred on 01.08.2015, and the complainant alleged that approximately 5-6 months prior, the accused had obstructed her near Dahi Bazar area and threatened her to make friendship with him. After investigation, charge-sheet was filed before the District & Sessions Judge-8, Nagpur on 24.12.2015, bearing Special POCSO Case No.258/2015, and charges were framed. The case was fixed for evidence. The applicants submitted that they had married each other and were living happily as husband and wife, and that the complainant did not wish to pursue the prosecution. The court, after hearing both sides, held that since the parties had married and settled the dispute, continuing the criminal proceedings would be an abuse of the process of law. Accordingly, the court quashed the FIR, charge-sheet, and all proceedings in Special POCSO Case No.258/2015 pending before the District & Sessions Judge-8, Nagpur.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Compromise in non-compoundable offences - The High Court quashed FIR and criminal proceedings under POCSO Act and IPC where the accused and complainant married and settled the dispute, holding that continuation of proceedings would be an abuse of process of law (Paras 1-6).
Issue of Consideration
Whether criminal proceedings under POCSO Act and IPC can be quashed under Section 482 CrPC when the complainant and accused have married and settled the dispute.
Final Decision
The court allowed the application and quashed FIR No.396/2015 dated 21.09.2015, charge-sheet No.251/2015 dated 24.11.2015, and all proceedings in Special POCSO Case No.258/2015 pending before the District & Sessions Judge-8, Nagpur.
Law Points
- Quashing of criminal proceedings under Section 482 CrPC
- Compromise in non-compoundable offences
- POCSO Act
- Section 354 IPC
- Section 354(d) IPC
- Section 341 IPC
- Section 506(b) IPC
- Inherent powers of High Court
- Marriage between accused and complainant
Case Details
2019 LawText (BOM) (10) 133
Criminal Application (APL) No. 988 of 2019
Sunil B. Shukre, Milind N. Jadhav
Shri P. S. Jaiswal for Applicants, Smt. K. S. Joshi for Non-Applicant/State
Taj @ Arjun S/o. Ajay Mishra and Ragini Ashok Amarnani
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Criminal application for quashing of FIR and criminal proceedings under Section 482 CrPC.
Remedy Sought
Quashing of FIR No.396/2015, charge-sheet No.251/2015, and all proceedings in Special POCSO Case No.258/2015.
Filing Reason
The applicants, who are the accused and the complainant, married each other and wished to settle the dispute amicably.
Previous Decisions
Charge-sheet filed on 24.11.2015, charges framed in Special POCSO Case No.258/2015, case fixed for evidence.
Issues
Whether criminal proceedings under POCSO Act and IPC can be quashed under Section 482 CrPC when the complainant and accused have married and settled the dispute.
Submissions/Arguments
Applicants submitted that they have married each other and are living happily as husband and wife, and the complainant does not wish to pursue the prosecution.
State opposed the application but did not dispute the fact of marriage.
Ratio Decidendi
When the accused and complainant have married and settled the dispute, continuing criminal proceedings would be an abuse of the process of law, and the High Court can exercise its inherent powers under Section 482 CrPC to quash the proceedings even in non-compoundable offences.
Judgment Excerpts
The present application is filed under the provisions of Section 482 of Criminal Procedure Code, 1973 read with Article 227 of the Constitution of India for quashing F.I.R. No.396/2015 dated 21.09.2015 registered with Lakadganj Police Station, Nagpur, charge-sheet No.251/2015 dated 24.11.2015 and criminal proceedings initiated under the provisions of Sections 354(a)(1)(i), 354(d), 341, 506(b) of the Indian Penal Code and Sections 7, 8 of The Protection of Children from Sexual Offence Act, 2012.
Applicant nos.1 and 2 have jointly preferred the present Criminal Application under the provisions of Section 482 of Criminal Procedure Code, 1973 for quashing of the aforesaid proceedings.
The applicants have submitted that they have married each other and are living happily as husband and wife and the complainant does not wish to pursue the prosecution.
Procedural History
FIR No.396/2015 registered on 21.09.2015 at Lakadganj Police Station, Nagpur. Charge-sheet No.251/2015 filed on 24.11.2015. Special POCSO Case No.258/2015 filed before District & Sessions Judge-8, Nagpur on 24.12.2015. Charges framed. Case fixed for evidence. Applicants filed Criminal Application (APL) No. 988 of 2019 under Section 482 CrPC for quashing. Heard on 22.10.2019 and allowed.
Acts & Sections
- Code of Criminal Procedure, 1973: 482
- Indian Penal Code, 1860: 354(a)(1)(i), 354(d), 341, 506(b)
- Protection of Children from Sexual Offences Act, 2012: 7, 8
- Constitution of India: 227
