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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD
S.G.CHAPALGAONKAR
Rahul Vinod Surushe – Appellant
Versus
State of Maharashtra, Through MIDC Waluj Police Station, Aurangabad – Respondent
| Table of Content |
|---|
| 1. minor victim eloped for love, married, delivered child. (Para 1 , 2 , 3) |
| 2. amicable settlement reached; victim supports quashing fir. (Para 4 , 5) |
| 3. voluntary affair; cite precedents for quashing proceedings. (Para 6) |
| 4. victim minor; quashing undermines pocso objectives. (Para 7) |
| 5. adolescents in love formed family post-elopement. (Para 8 , 12) |
| 6. quash firs in consensual minor love marriages. (Para 9 , 10 , 11) |
| 7. inherent powers exercisable to prevent family harassment. (Para 13 , 14 , 15 , 16 , 17) |
| 8. criminal proceedings quashed in interest of justice. (Para 18) |
JUDGMENT :
S.G.CHAPALGAONKAR, J.
1. The applicant seeks quashment of the First Information Report No.1104 of 2024, registered with MIDC Waluj Police Station, District Aurangabad for the offences punishable under sections 137(2), 64(2)(m) and 87 of the Bhartiya Nyaya Sanhita, 2023 and u/s 4, 6 of the Protection of Children from Sexual Offences Act and Section 9 of Prevention of Child Marriage Act. By way of amendment, applicant made prayer for quashing of charge-sheet bearing No.455 of 2025 and consequential proceeding pending before the Special Court, at Gangapur.
2. The informant/Father of Victim lodged re
High Court may quash POCSO proceedings where minor victim in consensual adolescent love affair eloped, married accused, bore child, now adult and consents; prioritizes family unit protection over pro....
The High Court may quash proceedings under inherent powers if a victim and offender marry post-allegation, promoting justice and familial stability despite non-compoundable offences.
The court can quash POCSO proceedings if the circumstances indicate that continuing them would cause undue hardship, especially when the victim and accused have married.
Victims' consent and absence of coercion voids charges of kidnapping and sexual assault if sufficient evidence of mutual marriage exists, emphasizing personal liberties and maturity under statutory l....
Serious offences under the POCSO Act cannot be quashed based on compromise or victim's affidavit, reaffirming the need for societal protection.
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