Case Note & Summary
The petitioner, accused No.4 and a founder-trustee of Faizan Manik Mastan Madarasa in Bengaluru, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (corresponding to Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023) seeking quashment of the entire proceedings in Special Case No.2679/2023 pending before the Fast Track Special Court-1, Bengaluru. The proceedings arose from Crime No.376/2023 registered at Sampigehalli Police Station for offences under Sections 17 and 21 of the Protection of Children from Sexual Offences Act, 2012 (POCSO) and Section 506 read with Section 34 of the Indian Penal Code, 1860. The prosecution case was that an 11-year-old boy, the son of the complainant, was studying Quran at the madarasa. Between June 2023 and 29 September 2023, accused Nos.1 and 2, who were teachers at the madarasa, repeatedly committed unnatural sexual assault on the child by removing his pants, applying coconut oil to his private parts, and performing the act while he was asleep in a room on the second floor. The boy eventually refused to return to the madarasa, leading his father to learn of the abuse. After confronting the accused, the father lodged a complaint. The police investigated and filed a charge sheet against all four accused. The charges against accused Nos.3 and 4, the founder-trustees, were limited to abetment and non-information under Sections 17 and 21 of the POCSO Act, along with Section 506/34 IPC. The petitioner contended that he was unaware of the incidents and, upon learning, he assisted in getting the crime registered. He argued that he was wrongly implicated. The State, represented by the High Court Government Pleader, argued that the petitioner, as a trustee, was aware of the assaults and his failure to inform the police amounted to abetment, leading to repeated harassment of the victim. These factual issues required trial. The High Court examined the complaint and the charge sheet and found that the allegations against the petitioner were of non-information and abetment. The court held that whether the petitioner had knowledge and whether such non-information constituted abetment were matters to be determined at trial, not through a quashment petition. Observing that the offences prima facie existed, the court declined to exercise its inherent jurisdiction under Section 482 Cr.P.C. to quash the proceedings. Accordingly, the criminal petition was dismissed.
Headnote
A) Criminal Procedure - Quashment of Proceedings - Section 482 Cr.P.C./528 BNSS - Protection of Children from Sexual Offences Act, 2012 (POCSO), Sections 17 and 21 - Indian Penal Code, 1860, Section 506 read with Section 34 - The petitioner, a founder-trustee of a madarasa, sought quashment of charges for abetment and non-information of sexual assault on a child - Court held that the allegations prima facie constitute offences requiring trial; inherent powers under Section 482 cannot be invoked to quash proceedings at this stage; petition dismissed (Paras 7-8).
Issue of Consideration
Whether the proceedings against accused No.4 (a founder-trustee) under Sections 17 and 21 of POCSO Act and Section 506/34 IPC for abetment and non-information should be quashed under Section 482 Cr.P.C./528 BNSS?
Final Decision
Criminal petition dismissed; proceedings against the petitioner not quashed.
Law Points
- Quashment under Section 482 Cr.P.C. is not warranted when allegations prima facie constitute an offence
- abetment and non-information under Sections 17 and 21 of POCSO Act are triable issues
- petition under Section 482 cannot be used to stifle prosecution at threshold
