MAHIR NADIRMIYA MALEK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this application under Section 482 of the Code of Criminal Procedure 1973, the applicant original accused aged 20, seeks to invoke the inherent powers of this Court, praying for quashing of the First Information Report being C.R. No.I-93 of 2016 registered with the Dhokla Town Police Station, District: Ahmedabad Rural for the offence punishable under Section 354(A) of the Indian Penal Code and Sections 8 and 11 of the Prevention of Children from Sexual Offences Act (for short, "POCSO Act").

(2.) The first informant has alleged in the F.I.R. that she left for her school early in the morning at 7.30 o'clock and while returning home, at about 11 o'clock, she met the applicant herein who was standing inside a lane. It is alleged that the applicant called the first informant by her name and asked her to stop. It is further alleged that the applicant caught hold of the right hand of the first informant and pulled her towards him. The first informant somehow managed to get herself released from the clutches of the applicant and went away to her home. She has further alleged that the same thing had happened before about three days while she was returning from her tuition.

(3.) The learned counsel appearing for the applicant submits that the matter has been settled amicably. He further submits that the first informant along with her mother is personally present in the Court. The first informant is being represented by Mr. Amir Pathan, the learned counsel. Having noticed the allegations levelled in the F.I.R., I was reluctant to accept the settlement. I requested Ms. Thakore, the learned A.P.P. appearing for the State to speak to the first informant and inquired as to why the matter has been settled and on what basis. The first informant has been frank enough to state before the Court that on the date of the alleged incident, she was talking with the applicant on her own free will and volition, but the uncle witnessed such talks between the first informant and the applicant. The uncle did not like the Niece i.e. the first informant talking to an unknown boy. According to her, the uncle took her to the police station, and at the police station, an F.I.R. was registered. She has no idea what was stated before the police.