Point of Law: Child abuse - Household work and beating - Amicable settlement between parties - Rejection of petition to quash criminal proceedings - Outcome of cases which have impact upon society cannot be disposed of or allowed on the basis of amicable settlement.

JUDGMENT :

S.S. SHINDE, J.

1. The Writ Petition No. 4330 of 2019 is filed with following substantive prayers:-

(b) That this Hon’ble Court be pleased to call for the records and proceedings of Sessions Case No. 860 of 2019 pending before the Hon’ble Sessions Court for Greater Bombay, Mumbai arising out of F.I.R. bearing CR No. 274 of 2018 lodged with Chembur Police Station at the instance of the Respondent No. 2-Mr. Krishna Mishra.

(c) That this Hon’ble Court be pleased to quash and set aside the charge-sheet filed in Sessions Case No. 860 of 2019 pending before the Hon’ble Sessions Court for Greater Bombay, Mumbai arising out of F.I.R. bearing CR No. 274 of 2018 lodged with Chembur Police Station at the instance of the Respondent No. 2-Mr. Krishna Mishra.

2. The Writ Petition No. 1476 of 2021 is filed with following substantive prayer:-

(b) The FIR bearing No. 274 of 2018 registered by the officers of Chembur Police Station and the charge-sheet filed and pending before the Hon’ble Sessions Court, Mumbai bearing No. 860 of 2019 for offences punishable under section 370 and 34 of Indian Penal Code 1890 and r/w section 75, 79 and 23 of the Juvenile Justice (Care and Protection of Children) Act, 2015 be quashed and set aside.

3. Respondent No. 2 (First Informant) works as a cleaner in the housing society in which the petitioners are residing. The first informant lodged the FIR bearing C.R. No. 274 of 2018 on 6th September, 2019 with Chembur Police Station for the offences punishable under Sections 370 read with 34 of the Indian Penal Code and sections 75, 79 and 23 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short ‘said Act’). Thereafter charge-sheet came to be filed on 16th February, 2019 and Sessions Case No. 860 of 2019, arising out of it, is pending before Sessions Court for Greater Bombay, Mumbai.

4. The case of the first informant is as follows:-

It is alleged by the first informant that he and his wife have been working as cleaners in Harikunj Society for the past ten years. The first informant while working at the said society had noticed over a period of approximately 1 month prior to filing of the impugned FIR, the presence of a young girl of approximately 10 years of age in the residence of the Petitioners. It is alleged that the alleged victim girl would drop the petitioners younger daughter to school, and thereafter wait for her to bring her back to home, during which she would meet the first informant and his wife and chat with them. The first informant often buying her a vadapav, if she felt hungry. During these conversations, the victim girl would tell the first informant and his wife that she is from Delhi, and was working in the Petitioner’s home doing menial chores such as helping in cleaning the bed, wash dishes, and take care of the petitioner’s younger daughter.

On 6th September, 2019, the first informant while went for the cleaning in the society met the victim girl and fed her a vadapav as she was hungry. It is alleged that the victim girl told the first informant that she forgotten the house keys inside the house and house door was locked, leaving keys inside the house, for said mistake the petitioners had allegedly beat her. The first informant thus felt pity for the victim girl and filed a complaint with the Chembur Police Station.

5. Being aggrieved with the filing of FIR bearing C.R. No. 274 of 2018 with the Chembur Police Station, the Petitioner’s husband Mr. Ranjitkumar Indeshwari Prasad had filed Criminal Writ Petition No. 4972 of 2018 (Ranjitkumar Indeshwari Prasad vs. State of Maharashtra). The said criminal writ petition was disposed of on merits by order dated 28th February, 2019. Thereafter, charge-sheet in Sessions Case No. 860 of 2019 has been filed in the impugned FIR and case is pending before the Sessions Court. Hence, this petition for quashing FIR and charge-sheet.

6. Learned counsel appearing for the petitioners submit that the petitioners are innocent and has not comm