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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH
VINAY JOSHI, ABHAY J. MANTRI, JJ.
Ankush S/o Vilasrao Pakhale – Appellant
Versus
State of Maharashtra – Respondent
Criminal Application (APL) No. 706 of 2024
Decided On : 11-11-2024
Advocate Appeared:
For the Appellant : M.V. Rai
For the Respondents: M. Deshmukh, M. Yadav
The court can quash criminal proceedings in exceptional circumstances to secure the victim's welfare, especially when the victim has married the accused and is pregnant.
Headnote:(A) Indian Penal Code - Sections 354-A, 354-D, 376(3), 452 - Protection of Children from the Sexual Offences Act - Sections 4, 6, 8 - Quashing of criminal prosecution - The applicant sought to quash the prosecution for offences against a minor, which was amicably settled post-marriage with the victim, who is now pregnant. The court emphasized the importance of the victim's future and the exceptional circumstances of the case. (Paras 5, 6, 8, 9)
(B) Inherent Powers of the Court - The court has the discretion to quash proceedings in the interest of justice, particularly when the continuation of trial may adversely affect the victim's future. (Paras 8, 9)
Facts of the case:
The applicant was accused of multiple offences against a minor, with the victim later marrying the applicant and becoming pregnant. The victim and her mother expressed no objection to quashing the proceedings.
Findings of Court:
The court found that the continuation of the trial would jeopardize the victim's future and that of her child.
Issues: The main issue was whether the prosecution should be quashed given the settlement and the victim's current circumstances.
Ratio Decidendi: The court ruled that the exceptional circumstances warranted the exercise of inherent powers to quash the prosecution, prioritizing the victim's welfare.
Result: Application allowed.
JUDGMENT :
VINAY JOSHI, J.
1. Heard.
2. Admit.
3. This is an application seeking to quash criminal prosecution namely Special (Child Act) Case No. 12/2020 arising out of Crime No. 875/2019 registered with Police Station Arvi, Wardha for the offence punishable under Sections 354-A, 354-D, 376(3), 452 of the Indian Penal Code, Sections 4, 6, 8 of the Protection of Children from the Sexual Offences Act.
4. At the instance of report lodged by mother of victim, crime has been registered. The victim is a minor daughter of the informant lady. It is her case that the applicant was nearby resident who was in visiting terms at her house. The victim has informed that on 09.12.2019, in the afternoon, the applicant followed her and by expressing love outrage her modesty and therefore, report. During the course of investigation, statement of several witnesses including victim have been recorded. The victim aged 15 years disclosed that from last one year, the accused has expressed her love, on which both were involved in relationship. Time and again, they used to meet and also had physical relationship. On completion of investigation, charge- sheet has been filed. The Trial Court has recorded evidence of all witnesses, but yet the matter has not been proceeded further.
5. The matter has been amicably settled between the parties. Particularly, the applicant got married with victim on 05.01.2024 of which marriage registration certificate has been produced. It is informed that the victim who has attained majority is carrying pregnancy of five months. The relevant medical papers have been produced to show the applicant’s name as a father. On this premise, the matter is sought to be quashed.
6. The informant mother today appeared before this Court and filed affidavit about no objection to quash the proceeding. The victim lady is also present. She has reiterated her earlier version that due to settlement, she does not wish to go on with the prosecution. In past also, on 2 to 3 occasions, she appeared before this Court through Advocate and urged to quash the proceeding. The victim particularly stated that by the time, she got married with the applicant and now she is pregnant. The victim and her mother both stated that from the date of marriage victim is staying with applicant and living peacefully as husband and wife. Both would submit that quashing of the proceeding would be in the interest of victim as in case of continuation of trial, future of victim as well as her expected child would be in dark.
7. The learned counsel for applicant would submit that the offence is grave, however in various decisions, this Court has shown indulgence in quashing of the proceeding. In this regard, he relied on decision of this Court in cases of Sonu @ Dilip Vithalrao Gawande & Anr. Vs. State of Maharashtra & Anr. Criminal Application (APL) No. 1041/2023 decided on 01.11.2023, Swapnil Digambar Patil Vs. State of Maharashtra & Anr. decided on 03.01.2022, Nauman Suleman Khan Vs. State of Maharashtra & Anr. 2022 All MR (Cri) 4427. Our attention has been drawn to the decision of the Supreme Court in case of Ramgopal & Anr. Vs. State of Madhya Pradesh in Criminal Appeal No. 1489/2012, decided on 29.09.2021 to contend that having regard to the peculiarity of facts, the Supreme Court has also allowed quashing even after conviction.
8. The case has its own peculiarity. The victim lady is pregnant and by the time, both are living peacefully. We are of the considered opinion that the continuation of trial would certainly break the marriage and ultimately future of girl with her child would be in dark. The inherent powers of this Court are vested with the purpose of securing ends of justice. Considering the exceptional circumstances made out before us and taking into account future of lady, we are inclined to exercise our inherent powers. The learned counsel for applicant expressed to deposit sum of Rs. 20,000/- towards rotating police machinery.
9. In view of above, application is
