The Bombay High Court recently quashed an FIR against a man accused of sexually harassinghisminorniece after both the parties agreed that they are closelyrelated, have an ancestral disputebut want to settle this caseamicably.
A division bench of Justices Prasanna Varale and Anil Kilor was hearing a petition filed by Karim Choudhary seeking to quash the FIR filed against him on August 12, 2021.
The complainant and Mr. Choudhary are close relatives. There is a long-standing dispute over their ancestral property between the father of the complainant and her five uncles.
According to the complaint, Mr. Choudhary pulled the survivor into the washroom with the intent to disrobe her and tore her clothes. Her brother started to hit Mr. Choudhary and soon his parents joined and an FIR was registered under Sections 354 B (assault or use of criminal force to woman with intent to disrobe), 504 (intentional insult with the intent to provoke breach of peace), 506 (punishment for criminal intimidation), 323 (punishment for voluntarily causing hurt) of the IPC and provisions of the Protection of Children from Sexual Offences (POCSO).
The complainant, however, told the court along with her father virtually that they are close relatives and with an intention to live peacefully along with the other family members, have decided to settle the dispute peacefully.
The court quashed the FIR and said, “After considering the statements recorded and the allegations made in the FIR, it is clear that both the parties are closely related and there are counter FIRs filed against each other. Some of the allegations are serious and attract provisions of the POCSO Act. However, looking at the intention of the parties being closely related, that they want to live life peacefully and in harmony and therefore, they want to settle the dispute amicably, we are of the opinion that no purpose would be served even if the trial is permitted to continue.”
Published - February 05, 2022 08:02 pm IST
