Bombay High Court quashes POCSO case against 19-year-old after mother of minor girl consents

The Bombay High Court recently quashed a case registered under the Protection Of Children against Sexual Offences (POCSO) Act against a 19-year-old man after the victim’s mother granted consent for the same. [Shiva Chanappa Odala v. State of Maharashtra & Anr].A Division Bench of Justices Nitin Sambre and SG Dige observed that the accused was a student who appeared to have been on friendly terms with the minor girl and had stayed with her without the knowledge of their parents. “It will be contrary to the interest of justice to continue the criminal proceedings against the petitioner, a student as both the parties equally will be put to hardship, particularly, both of them decided for quashing by consent on the ground of the reasons cited in the consent extended in support of the quashing,” the Court held. The Court did not find any other reason to subject the accused to prosecution, and hence quashed the criminal proceedings. .After the mother filed a complaint, the accused was booked in November 2021 for offences punishable under Section 354 (outraging modesty) and 363 (kidnapping) of the Indian Penal Code and Sections 8 and 12 (sexual assault) of POCSO. The accused student approached the High Court with a petition seeking quashing by consent based on the affidavit filed by the complainant mother.The mother’s affidavit stated that after speaking to her daughter, she discovered that the she had stayed with the accused without intimating her parents for a short period. The case was registered because of a communication gap between the victim and her mother.The accused also pointed out that he had no intention to kidnap the girl from the lawful custody of the complainant. He further argued that the allegation under Section 354 was made out of frustration as the minor girl could not be located..Advocate Vishwanath Patil appeared for the accused. Additional Public Prosecutor AR Kapadnis appeared for State.Advocate Ilsa Shaikh was appointed for the complainant from the legal aid panel.