Bombay High Court dismisses POCSO sexual assault case with mother's consent

The Bombay High Court has quashed an FIR against a 19-year-old male student that was registered under the Indian Penal Code (IPC) and the Protection of Children from Sexual Offences (POCSO) Act for the alleged abduction and sexual assault of a minor teenager. The complaint was filed by the victim's mother, but the court observed that the couple was on "friendly terms" and had lived together without informing the girl's parents. This miscommunication was the reason behind the FIR, according to the court.

The bench comprising of Justices Nitin Sambre and SG Dige observed that both parties had decided to quash the case by consent, as continuing the proceedings would put both parties to hardship. The bench also noted that the issue of quashing a POCSO case by consent is currently pending adjudication before the Supreme Court.

The case was registered on 26th November, 2021, after the victim girl, aged 15 years, could not be found. Subsequently, sections 354 of the IPC and sections 8 and 12 of the POCSO Act were added. However, in the consent affidavit submitted before the High Court, the victim's mother stated that her daughter had eloped with the petitioner on her own accord. The mother also mentioned a communication gap between the teenager and her parents.

Advocate Vishwanath Patil argued on behalf of the petitioner and said that the allegations of sexual harassment under section 354 of the IPC were added only subsequently. The petitioner sought to quash the FIR before the High Court, which recorded that it had interacted with the complainant and found that she was not pressured to settle the case.

The bench relied on two previous judgments, Satender Sharma Vs. State and Anr and Gian Singh Vs. State of Punjab, where the court held that an FIR lodged out of frustration can be set aside by consent. In the present case, the court observed that the petitioner appeared to have been in friendly terms with the victim girl, and they had stayed together without informing the girl's parents. The bench quashed the FIR based on these observations.

Shiva Chanappa Odala v. State of Maharashtra & Anr.