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  • High Court

Bombay HC: POCSO case Quashed Against Maternal Uncle(Mama) of the Victim After No-Objection Compromise. Court Directs the Accused to Deposit ₹1.5 lakh to Purchase a MacBook for the Minor Victim.


Bombay High Court quashed POCSO case against the 52-year-old maternal uncle (mama) of the victim after she and her parents submitted a no-objection to the quashing petition. Court directed the accused to deposit ₹1.5 lakh, which would be utilised to purchase a MacBook or the latest laptop for the minor victim to support her further studies.

Justice Ashwin D. Bhobe ordered the Registry to procure the latest version of a laptop in consultation with the victim and to transfer any surplus amount to High Court Employees Medical Welfare Fund, Mumbai.

An FIR was registered against the uncle (mama) of the minor victim u/s 8 and 12 of POCSO Act and Sections 74, 75, and 78 of BNS. After investigation, a chargesheet was filed against the accused.

Court noted that the minor victim was the niece of the accused and that the case had arisen out of a misunderstanding between them.

The statement of the minor recorded before the Judicial Magistrate First Class u/s 183 BNSS was placed on record, wherein she stated: " "मला माझ्या मामा मोहन मारुती जाधव यांचे विरुद्ध काही तक्रार नाही.” (I have no complaint against my uncle Mohan Marti Jadhav).

She also filed an affidavit before the High Court affirming her no-objection to the quashing and stating that it was voluntary and without coercion.

The victim and her parents appeared before the Court and confirmed the settlement, stating that the petitioner treats her as his daughter and that the complaint resulted from a misunderstanding.

The learned APP submitted that, in light of the settlement and the affidavit, no useful purpose would be served by continuing the proceedings.

Relying on Supreme Court precedents, Bombay HC held that there was no impediment to quashing the proceedings.

Accordingly, the petition was allowed, subject to the deposit of ₹1.5 lakh within 2 weeks.

mohan-maruti-jadhav-v-state-of-maharashtra-anr-2132595Download

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