Case Note & Summary
The Bombay High Court at Kolhapur, in Criminal Application (A.P.L.) No. 935 of 2025, considered an application for quashing of an FIR registered at Karmala Police Station under Sections 354, 354A, 324, 504, 506 read with Section 34 of the Indian Penal Code (IPC) and Sections 8 and 12 of the Protection of Children from Sexual Offences (POCSO) Act, 2012. The applicants (A-1 to A-4) were accused of offences against a 13-year-old victim, who was a cousin of applicant No. 1. The incident occurred on 10th February 2019. The victim and applicants belong to the Scheduled Tribe (Pardhi) community. Over time, the dispute was resolved through family mediation, and the victim, now 21 years old and married, expressed her unwillingness to continue with the prosecution. The victim and her mother appeared before the court and stated that continuation of the criminal proceedings would hinder the victim's happy married life. The court interacted with the victim, who insisted on being relieved from the prosecution. The court noted the passage of time, the nature of allegations, and the victim's categorical statement. Balancing the societal interest in prosecuting offences under the POCSO Act with the victim's best interest, the court held that continuation of proceedings would cause agony and hardship to the victim, who has settled in matrimony. The court quashed the FIR and all consequential proceedings, emphasizing that the victim's welfare and settled life outweigh the need for prosecution in these circumstances.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Compromise in non-compoundable offences - Court quashed FIR under POCSO Act and IPC where victim, now married, expressed unwillingness to prosecute and family settlement was reached - Held that continuation of prosecution would cause agony to victim and is not in her best interest (Paras 4-5). B) POCSO Act - Quashing of proceedings - Sections 8, 12 POCSO Act - Settlement between parties - Despite offence being against society, court balanced interests and quashed proceedings considering victim's marriage and desire to move on - Held that victim's welfare and settled life outweigh societal interest in prosecution (Paras 3-5).
Issue of Consideration
Whether an FIR under POCSO Act and IPC can be quashed on the basis of a compromise between the victim and the accused, given the victim's unwillingness to prosecute and her settled married life.
Final Decision
The court allowed the application and quashed the FIR and all consequential proceedings arising out of it.
Law Points
- Quashing of FIR under Section 482 CrPC
- Compromise in non-compoundable offences
- POCSO Act settlement
- Victim's best interest
- Family mediation
