Mumbai: The Bombay High Court recently directed that Rs1.5 lakh deposited by an accused in a case registered under the Protection of Children from Sexual Offences (POCSO) Act be utilised to purchase a laptop for the minor victim to support her education.
Justice Ashwin Bhobe allowed the petition seeking quashing of an FIR and directed the high court registry to procure the latest version of a MacBook or laptop for the girl, in consultation with her, so that it suits her academic requirements.
“I deem it fit and proper to direct the registry to utilise the said amount of Rs1,50,000 to procure the latest version of a MacBook/laptop for the minor victim… which would suit her needs for her further studies,” the court observed.
The court further directed that any balance amount remaining after the purchase be transferred to the High Court Employees Medical Welfare Fund in Mumbai.
The order was passed while allowing a plea filed by a 52-year-old Pune resident seeking quashing of an FIR registered at Chaturshrungi Police Station in 2023 under provisions of the POCSO Act and the Bharatiya Nyaya Sanhita (BNS) for alleged sexual assault and harassment. A chargesheet had also been filed in the case.
During the hearing, the prosecution submitted that in view of the settlement between the parties and statements made by the minor victim and her parents, no purpose would be served by continuing the criminal proceedings, though costs should be imposed considering the manner in which the case arose.
The court noted that the complainant, who is related to the accused, stated before the Judicial Magistrate as well as the High Court that she no longer had any grievance against him. She also filed an affidavit affirming her no-objection to quashing the proceedings and clarified that her consent was voluntary and free from coercion.
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Taking note of the settlement and relying on settled legal principles laid down by the Supreme Court on quashing criminal proceedings in cases resolved between parties, the Court held that there was no impediment in granting relief.
As a condition precedent for quashing the FIR and chargesheet, the accused agreed to deposit Rs1.5 lakh with the High Court registry within two weeks.
Accordingly, the Court allowed the petition and quashed the FIR and subsequent proceedings, directing compliance to be reported on March 9.
