Karim Abdul Somani v. The State Of Maharashtra And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3892 of 2017 Karim Abdul Somani ...

Petitioner V/s.

State of Maharashtra & ors.

...

Respondents Mr. Chaitanya A. Malgaonkar i/b. GMS Legal for the petitioner. Mr. Jay Bhatia for respondent no.3.

Mrs. A.S. Pai, APP for the State.

CORAM :

NARESH H. PATIL AND NITIN W. SAMBRE, JJ.

11th December, 2017.

P.C.

Rule. Rule, returnable forthwith. Heard finally by consent of the parties.

The petitioner father's minor son 'A' was prosecuted for an offence punishable under Section 354 of IPC and Section 8 of POCSO

2/4 Act under FIR No. 214/2017 registered on 16th April, 2017 on complaint filed by respondent no.3, mother of minor daughter 'S'. Both the minor children were attending dance class camp at "seven good habits for teenagers" for one day session. While children were participating, it is alleged that the boy touched the girl undeservingly due to which complaint was made by the girl to her mother on telephone. The Complainant reached the spot and thereafter some altercation took place which led to filing of complaint. Learned Counsel appearing for the petitioner and the respondent submits that parents of the accused and the minor girl decided to put an end to the case as no fruitful purpose would be served if the case is kept pending.

The mother of minor daughter is of the view that her daughter will have to visit Court/police station which may traumatize the minor girl. Taking into consideration the interest of the girl child, the Complainant decided to put an end and, therefore, gives consent for quashing the complaint on the request made by the accused.

3/4 no.3 is placed on record. The same is taken on record. 3.

We have perused the record placed before us. Learned APP submits that chargesheet has been filed on 16th June, 2017 before the Juvenile Justice Magistrate's Court. Learned APP submits that appropriate orders be passed.

4.

After considering the submissions advanced, we are of the view that the request made by the petitioner needs to be considered in view of the affidavit filed by the Complainant-mother of the minor girl. 5.

Taking into consideration the nature of allegations and subsequent developments, we find it appropriate to accept the request made by the parties to pass following order:

O R D E R

1.

The Writ Petition is allowed.

The chargesheet filed in connection with FIR No.214/2017 dated 16th April, 2017 under Sections Section 354 of IPC and Section 8 of POCSO Act

4/4 against petitioner's son 'A' is hereby quashed and set aside.

6.

The Rule is made absolute in the above terms. (NITIN W. SAMBRE, J) (NARESH H. PATIL, J.) L.S. Panjwani, P.S.