MUSHTAK ATTAR Vs. STATE OF GOA

JUDGEMENT

(1.) Chargesheet no. 40 of 2021 filed before the Sessions Court, Margao, Goa, charged the accused, present Petitioner, of an offence under Ss. 4, 8 and 12 of the Protection of Children from Sexual Offences Act, (POCSO) and Ss. 354 and 376 of the Indian Penal Code (IPC).

(2.) The present Petition is filed praying for quashing of the said CR as well as the chargesheet no. 40 of 2021 filed on 18/6/2021 pursuant to completion of investigation and it is the specific pleaded case of the Petitioner that pursuant to the lodging of the complaint by the father of the girl, on she attaining majority, they solemnized the marriage and registered the same with the Sub-Registrar, Salcete, Margao, Goa, on 12/8/2024. It is also worth to note that out of the said relationship, a male child is born on 24/4/2023.

(3.) It is in the aforesaid circumstances which are specifically set out in the Petition, a relief is sought for quashing of the criminal proceedings, by stating that the relationship between the minor girl and the Petitioner was consensual as it was a love relationship, which subsequently resulted into a marriage being solemnized on she attaining age of 18 years.