The court emphasized that for quashing charges, there must be a clear lack of prima facie evidence against the accused to prevent abuse of process, particularly under the POCSO Act.

ORDER :

1. Since the present applications arise out of the same set of facts and contentions and issues before this Court in all applications are also common and therefore, the same are being decided through this common order.

2. By invoking inherent powers of this High Court under Section 4 82 of the Code of Criminal Procedure, 1973, the applicants original accused have preferred these applications in relation to the FIR registered with Devgadh Baria Police Station being C.R.No.Part-A-II-11821005220190 of 2022, for the offence punishable under Sections 376(2-N)(3), 506(1), 506(2), 507, 509 and 114 of the INDIAN PENAL CODE and Sections 4 , 6, 8, 17 and 18 of The Protection of Children from Sexual Offences Act, 2012. The applicants have been impleaded as accused nos.6 to 8. After completion of the investigation, chargesheet came to be filed against nine persons for the aforesaid offences. The principal accused Darshan Salat, was minor as at the relevant time, his age was 17 years and 6 months, whereas the age of the victim at the time of commission of allegedly offence was 15 years.

3. This Court has heard learned counsel Mr.Maulik Nanavati for Nanavati and Company, Mr.Nisarg Jain and Ms.C.M. Shah, learned APP for the respective parties.

4. Brief facts giving rise to file present applications are that, from 2016 to 2022, the victim and principal accused Darshan maintained physical relationship on promise to marry and according to prosecution case, on the different occasion, they indulged in the sexual relationship and the principal accused while maintaining the said relationship recorded her objectionable videos. In the month of June-2022, the principal accused narrated the said facts about the relationship with the victim to the close relatives of the victim. The accused could not marry her as he has already engaged someone. Despite of this, the accused threatened the victim and her family members that if she will get married somewhere else, he makes photos and objectionable videos viral on social media and also will share it with the person with whom she would get married. In these background facts, on 25.06.2022, the principal accused along with the accused Jayeshbhai Salat and Vikash chased the victim and her family members at the temple where they came for religious purpose and threatened and warned them, if they would have engaged the victim with someone, then he will viral the objectional videos on social platform, and thereafter, on 26.06.2022, the principal accused along with eight persons, including the present applicants came near the house of the victim and threatened that if she will get married somewhere then he will viral the videos and photographs on the social platform and the accused applicant Dinesh threatened the witness Mehulbhai that he will physically cause harm, if he further make a statement on social media.

5. In the aforesaid background facts and circumstances, the father of the victim lodged an FIR on 30.06.2022, against the eight persons, including present applicants for the commission of the aforesaid offences. During the course of the investigation, the statement of the victim under Section 164 was recorded before the Magistrate and after collecting the necessary evidence, the police filed a chargesheet on 10.08.2022 against the applicants herein and subsequently, the co-accused Jayesh Kanubhai, Kanubhai Virsingh, Saurabh Arjunbhai and juvenile accused have been apprehended and chargesheet against them came to be filed on 28.11.2022. The chargeshee