SANJAY KUMAR PRAJAPAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner has preferred this Criminal Misc. Petition under Sec. 482 Cr.P.C. for quashing of FIR No. 375/2018, registered at Police Station Govindgarh, District Jaipur Rural.

(2.) It is contended by counsel for the petitioner that prosecutrix does not want to pursue the case further as same would cause stigma. It is contended that the petitioner himself was a child and thus no offence cannot be said to be committed under the POCSO Act as the terminology used in Sec. 3 of the POCSO Act uses the word "person". It is also contended that when prosecutrix does not want to pursue the matter, the appropriate course is to quash the FIR.

(3.) Counsel for the petitioner has placed reliance on "Sajith S. v. State of Kerala in Criminal Misc. No. 7251/2016, decided on 7/11/2016."