Back
PRASANNA B. VARALE, S. M. MODAK
Nauman Suleman Khan – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT
S.M. Modak, J. - The applicant is accused in an offence bearing FIR No.I-240 of 2015 registered with Vashi Police Station under Section 376 of Indian Penal Code and under Section 4 of the Protection of Children from Sexual Offences Act (POSCO Act). The offence was registered on the complaint of, the father of the victim-girl. He filed complaint for sexual abuse and sexual harassment of her minor daughter by the applicant. The applicant was arrested. The police have also filed chargesheet and is pending as POSCO Special Act No. 198 of 2015 before the Special Court at Thane.
2 During pendency of the prosecution, through intervention and well wishers, applicant has settled the dispute with Respondent No.2. Now she has become major. Today, both the parties are present in the Court.
3 We have heard the learned Counsel for the applicant, learned APP and the learned Counsel for Respondent No.2.
4 We have read the affidavit filed by the victim-girl. Now, she is major. It seems that, they were in love with each other. Now they have decided to marry after settling in life in their respective careers. Her parents have also filed affidavits. They have given explanation of misunderstandin
The court can quash an FIR under Section 376 of Indian Penal Code and under Section 4 of the Protection of Children from Sexual Offences Act (POCSO Act) based on the settlement of dispute between the....
The main legal point established is that exceptional circumstances, such as a consensual relationship, settlement, marriage, and the birth of children, can influence the court to quash an FIR in the ....
The main legal point established is that the offences under the POCSO Act and IPC Section 376 cannot be quashed based on a compromise or subsequent marriage, as this would defeat the legislative obje....
Allegations of sexual offences raised after significant delay post-marriage were found unsustainable, indicating potential misuse of the PoCSO Act.
The court can exercise its inherent jurisdiction under Section 482 to quash criminal proceedings in the interest of justice and to prevent abuse of the legal process, especially in cases involving am....
The distinction between rape and consensual sex, and the need for evidence to support allegations.
The court can quash non-compoundable offences if there is a settlement between the parties, and the complainant does not support the prosecution, indicating that continuing proceedings serve no meani....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
