IMPORTANT POINTS
(1) POCSO cases cannot be quashed without thorough scrutiny of material on record.
(2) Registration of multiple FIRs assumes importance, thereby attracting issue of wreaking vengeance out of private or personal grudge.

JUDGMENT :

J.B. PARDIWALA, J.

1. Leave granted.

2. This appeal arises from an order passed by the High Court of Judicature at Allahabad dated 13.07.2022 in the Criminal Miscellaneous Writ Petition No. 8905 of 2022 filed by the appellants herein (original accused Nos. 1, 2 and 6 respectively) by which the High Court rejected the Writ Petition and thereby declined to quash the First Information Report (FIR) No. 122 of 2022 dated 21.06.2022 for the offences punishable under Sections 376, 323 and 354(A) of the Indian Penal Code (IPC) and Sections 7 and 8 of the Protection of Children from Sexual Offences Act, 2012 registered at Women’s Police Station, Mirzapur, District Saharanpur for the above enumerated offences.

FACTUAL MATRIX

3. The FIR dated 21.06.2022 reads thus:-

“Copy of the complaint written in Hindi Language-To the Senior Superintendent of Police, District – Saharanpur. Sir, I want to request that my name is X wife of Y residence of Kaswa & P.S. Mirjapur, District – Saharanpur. The complainant 3 years earlier used to work before the house of Haji Iqbal @ Balla son of Abdul Wahid residence of Kaswa Mirjapur, Saharanpur. I want to state that said Iqbal @ Balla is very much influential person having huge approach. For some days it is for some days, everything went smoothly. Then Iqbal stopped me from going outside of his house. In his house he has given one room for my living purpose. Then one day during night hours after finding good opportunity, said Iqbal raped me. It is however; it is due to public shame and due to influence of said Iqbal, I could not speak anything at that time. It is thereafter; both Iqbal and his brother Mehmood after finding opportunity, they used to rape me on every day. I wanted to disclose the present fact before my husband. It is however, the people there did not allow to come out from there. It is sometimes; my daughter Saliya and my son Akmal used to come there to meet. Then, Javed, Alishan and Afjal sons of Iqbal used to keep bad eyes on my daughter. They after taking her to different room, used to do vulgar acts with my daughter. It is then the age of my daughter was 14-15 years. It is at that time; after making courage, I wanted to oppose it. It is however; Javed and Dilshad (Bahanoi of Iqbal) mercilessly beaten me and caused fracture to my head. It is at that time 12 stitches were made before my head. I had then tried to make information of the same before the police station. It is however, I became unable to give the information of the same. It is after residing 4-5 months before there; it is on one day after getting opportunity, I run away from there. It is thereafter after taking my children; I started to live before my relatives. It is now; I got to know that it is against Iqbal, some of the people raised their voice. It is hence; it is for seeking justice from the injustice done to me, I have come down before you after hoping to get justice before you. It is thus, I request you to lodge my report and take necessary legal action.”

4. Thus it appears from the aforesaid that the victim X (respondent No. 4 herein), a resident of Kaswa, Mirjapur, Saharanpur, used to work for the appellant No.1 namely Iqbal alias Bala and also used to stay at his residence in a separate room. It is alleged by the victim that the appellants Nos. 1 and 2 respectively used to regularly rape her and whenever her daughter (who was about 14 to 15 years) used to visit the residence of the appellant No.1 to meet her, Javed, Alishan and Afjal (sons of the appellant No.1 i.e. Accused No. 3, 4 and 5 respectively) used to misbehave and outrage her modesty. It is further alleged that once when the victim offered resistance, the co-accused Javed (accused No. 3) and Dilshad (appellant No. 3) hit her resulting in a fracture on her head.

SUBMISSIONS ON BEHALF OF THE APPELLANTS

5. Mr. Siddhartha Dave, the learned senior counsel appearing for the appellants herein in his written submissions has stated thus:-

“a) It is respectfully s