Petitioner sought quashing of FIR under Section 482 CrPC based on a settlement with parents of a minor victim of a POCSO offence. The Bench declined to entertain the petition, holding that such settlement is invalid due to the minor's incapacity.
None; the petition is declined to be entertained and dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Megha 5_wp_30_2016.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.30 OF 2016
Siddharth alias Bhimrao Uttam Kamble
...Petitioner
Versus
The State of Maharashtra & Anr.
...Respondents
...
Mr. Govind Bajirao Pawar for the Petitioner. Mr. Avinash Naikwadi for Respondent No.2. Mr. S.K. Shinde, PP with Mr. K.V. Saste, APP for Respondent No.1-State.
CORAM : A.S. OKA &
SMT. ANUJA PRABHUDESSAI, JJ.
DATED : 13th JANUARY, 2017.
P. C. :
Prayer in this Petition under the Article 226 of the Constitution of India is for quashing the First Information Report registered for offences punishable under Sections 354(d) and 506 of the Indian Penal Code as well as Section 8 of the Protection of Children from Sexual Offences Act, 2012. Quashing is sought only on the ground of settlement on the basis of an affidavit filed by one Mr. Anand Magade, who is the father of the First Informant /victim of the offence.
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Megha 5_wp_30_2016.doc
registered. The said statement is recorded on 21st November, 2015, in which she has stated that her age as 15 years. The learned counsel appearing for the Petitioner states that the Petitioner is not sure about her age. We have carefully perused the affidavit of Mr. Anand Magade. In Paragraph No.3 and Paragraph No. 5 he has specifically referred to his daughter as a minor daughter.
1 2003 4 SCC 675
2 2013 9 SCC 293
3 2014 6 SCC 466
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settlement entered into by and between the Petitioner and parents of the minor- victim, the power under Section 482 of the Code of Criminal Procedure, 1973 cannot be exercised for quashing the First Information Report.
(ANUJA PRABHUDESSAI, J.) (A.S. OKA, J.)
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2 issues framed by the court
Whether a First Information Report for a serious offence against a minor can be quashed on the basis of a settlement entered only by the victim's parents.
Whether the discretion under Article 226 of the Constitution can be exercised to quash a non-compoundable offence where the victim is a minor incapable of settling.
Colour shows how this judgement treated each authority
Siddharth alias Bhimrao Uttam Kamble
The State of Maharashtra
Anr
A.S. OKA
ANUJA PRABHUDESSAI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
