Bombay HC Quashes Sexual Assault Case Against Teen After Minor Victim’s Mother Gives Consent

The Bombay High Court has quashed a case of sexual assault registered against a 19-year-old man considering his age and after the minor victim’s mother consented to the same.

A division bench of Justices Nitin Sambre and S G Dige in its February 22 order observed that the accused was a student who was in friendly terms with the victim, and the duo had stayed together without informing the girl’s parents.

This had prompted the girl’s mother to lodge a complaint against the alleged accused, the bench said.

The youngster had approached the court seeking that the case against him be quashed.

The victim’s mother informed the high court that she has given her consent for the FIR to be quashed, and taking note of this, the court quashed the case.

“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 said.

A case was registered against the teenager in November 2021, under sections 354 (outraging modesty) and 363 (kidnapping) of the Indian Penal Code and sections 8 and 12 (sexual assault) of the Protection of Children from Sexual Offences (POCSO) Act.

The victim’s mother had submitted to the court that after speaking to her daughter, she discovered that the girl had stayed with the man without intimating her parents for a short period.

The youngster, in his petition, stated that the offence was registered because of a communication gap between the victim and her mother.

He also pointed out that he had no intention to kidnap the victim from the lawful custody of the complainant.

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