The Court's decision emphasized the importance of considering the nature of the offences, the compromise between the parties, and the age and circumstances of the accused when deciding whether to quash criminal proceedings.

JUDGMENT :

Milind N. Jadhav, J.

Heard. Rule. Rule made returnable forthwith. Heard finally by consent of the parties.

2. 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 (in short 'POCSO'). Applicant no.2 is the complainant whereas Applicant no. 1 is accused in the aforementioned crime. After completion of investigation, charge-sheet has been filed before the District & Sessions Judge-8, Nagpur on 24.12.2015 bearing Special POCSO Case No.258/20158 and charges have been framed therein and presently the case is fixed for evidence.

3. 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.

4. The relevant facts necessary for consideration of the present application are thus :-

Applicant no.2 (complainant/girl) lodged a complaint against Applicant no.1 with non-applicant i.e. Police Station, Lakadganj, Nagpur sometime in the year 2015 of an incident which occurred on 01.08.2015. It was Applicant no.2's case that approximately 5/6 months before the date of incident, Applicant no. 1 obstructed Applicant no. 2 near Dahi Bazar area and threatened her to make friendship with the Applicant no.1 and if she refused, Applicant no.1 threatened to jump in front of a running truck. In between the above incident and the date of actual incident, it is the case of Applicant no.2 that Applicant no.1 used to follow her wherever she went and used to threaten the Applicant no.2 that if she narrated the above incident to anybody, Applicant no.1 would kidnap her younger brother. Applicant no.2 has also complained that Applicant no. 1 sometimes used to come to her tuition class in an intoxicated state by consuming liquor and give bad words/abuses to Applicant no.2. On 01.08.2015 i.e. on the date of actual incident, the Applicant no.1 forcibly took the Applicant no.2 to a garden near Reshimbagh ground and put his hand across her shoulders and forcefully kissed her on her cheeks and thereafter on her lips against her wish. Applicant no.1 also took a selfie picture in his mobile phone along with Applicant no.2 while kissing her. Being disturbed with this incident on 01.08.2015, Applicant no.2 narrated the incident to her parents, resulting in the offence being registered against Applicant no.1 vide Crime No.396/2015 under the relevant provisions of Indian Penal Code and POCSO Act on 21.09.2015. Applicant no.1 was 19 years old, whereas Applicant no.2 was 17 years old in 2015.

5. In the F.I.R., it was further recorded that after the date of incident on 01.08.2015, Applicant no.1 spread rumors in the entire locality of residence of Applicant no.2 that Applicant no.1 was having a love affair with Applicant no.2 and had married her. On 20.09.2015, Applicant no.1 once again obstructed the way of Applicant no.2 and threatened her by forcefully holding her hand and stating that if she acted smartly with Applicant no.1, he would kill the Applicant no. 2. This incident on 20.09.2015 triggered the filing of F.I.R. on 21.09.2015. The F.I.R. was registered on 21.09.2015, interalia, stating the incidents as narrated above. The F.I.R. recorded that Applicant no.2 was a student of 12th standard in Mohata Science College, Nagpur. It further recorded that on the date of incident on 01.08.2015, Applicant no.1 forcefully kissed Applicant no.2 on her cheek and lips and while doing so, he had taken a selfie picture and on the basis of that Applicant no.1 used to blackmail Applicant no.2. The F.I.R. further rec