SHIVA CHANAPPA ODALA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The victim since was not traced, same has led to the filing of the complaint resulting into registration of Crime No.707 of 2021 on 26/11/2021 for an offence punishable under Sec. 363 of the IPC. During the course of investigation, the prosecution has invoked Sec. 354 of the IPC and Ss. 8 and 12 of the POCSO Act against the present petitioner.

(2.) This petition is moved by the accused person who is aged about 19 years and a student seeking quashing by consent. The victim's mother who is complainant has filed an affidavit on record through the counsel appointed by this Court and stated that upon inquiry from the victim she came to know that the victim has called the petitioner and has went out and stayed with him without being intimation to the parents for such period as has been alleged in the complaint. It is claimed by the complainant that in this background complaint came to be lodged. It is also stated that alleged offence is registered because of communication gap between the complainant and her daughter. It is further claimed that the petitioner had no intention to kidnap the victim from the lawful custody of the complainant and as such, the ingredients of Sec. 363 of the IPC may not be inferred. It is also stated that the allegation under Sec. 354 of the IPC were made out of the frustration as the victim girl could not be located. In the aforesaid background, the quashing is sought by consent.

(3.) This Court has interacted with the complainant and she has admitted to have executed such an affidavit out of her own free will after having understood the contents therein in a vernacular language. We have also requested APP Mr. A. R. Kapadnis to interact with the complainant so as to verify the contents of the affidavit.