A-1 Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned Counsel for the Applicant and learned APP who opposed the Application seeking quashing of the FIR by consent.

(2.) The Applicant No. 1 and the victim are cousins. The Applicant No. 1's father and Respondent No. 2's (victim) father are real brothers. The date of the alleged incident is 10/2/2019. It is alleged that at the relevant time the victim was about 13 years of age, and the Petitioner was about 19 years of age. An offence came to be registered at Karmala Police Station under Ss. 354, 354A, 324, 504, 506 read with Sec. 34 of the IPC and Ss. 8 and 12 of the POCSO Act against the Applicants. It is alleged that the Applicant No. 1 committed an act which is an offence under the aforesaid Sec. . On hearing the shouts of the victim, her mother rushed, whereupon the Applicant No. 1 led.

(3.) The Applicant and the victim belong to the Scheduled Tribe (Pardhi) community. The victim, who is presently 21 years of age, is present before the Court. She is now married. The victim's mother is also present before the Court. It is stated that due to intervention of elders and mediation within the family, the dispute has been amicably resolved. The victim has stated that she wishes to move on with her life, particularly in view of her marriage. The victim and her mother have stated that continuation of the prosecution would increase the problems of the victim, which may come in the way of her happy married life. It is submitted that the pendency of the criminal proceedings is a hindrance and would be counterproductive to the victim's settled married life. We have interacted with the victim who insists that she may be relieved from the prosecution, as this is in her best interest.