Khushi Gupta
Published on: April 24, 2022 at 15:20 IST
The Bombay High Court recently Quashed a First Information Report (FIR) against a man Booked for Rape and Sexual Assault against a minor after she granted her Consent to quash the Criminal Proceedings as she wanted to focus on her Academic Career.
A Bench of Justice PB Varale and Justice SM Modak examined an Affidavit of No-Objection filed by the survivor which said that the Criminal Proceedings would end up being a hurdle to her Academic Career.
“In her desire to prosecute the Academic Course and further studies, the Pendency of the Criminal Proceedings and Trial would be an hurdle. It seems that the Respondent No. 2 is adopting an approach of leaving behind her baggage of past and Proceeding further in the life concentrating on the positive side for better future,” the Court noted from the Affidavit.
Advocate Nitin Gaware Patil appeared for the Accused while Advocate Rokade Narayan Gopinath appeared for the survivor. Public Prosecutor AS Pai represented the State.
The Survivor and the Accused were students at a Private College. The survivor was in Class 12 while the accused was pursuing first year of degree course as an external student.
Their friendship resulted in a relationship and then accused took the survivor to an unknown place and forcibly had sexual intercourse with her.
The survivor did not disclose the incident to anyone but after sometime, because of mental trauma, she disclosed the incident to her grandfather and subsequently, a First Information Report was lodged against the Accused for Offences of Rape under Section 376 Indian Penal Code and for Penetrative Sexual Assault and Aggravated Penetrative Sexual Assault under Sections 4 and 5 of the Protection of Children from Sexual Offences Act.
The accused then approached the High Court seeking to quash the First Information Report against him with Consent of the Victim. Accordingly, the Victim filed an Affidavit which was examined by the Bench.
The Court observed in its Order that the Victim had reiterated her free will to Prosecute her Academic career and concentrate on her studies.
The Court, therefore, allowed the Plea and the First Information Report was Quashed.