The Bombay High Court observed that continuation of criminal proceedings against the petitioner, a 19-year-old student, would be contrary to the interest of justice .Ordered to quash pending case under Protection of Children from Sexual Offenses Act and I.P.C. According to the case, on November 26, 2021, victim's mother had filed a case against the accused student under the Kidnapping of a Minor and the Protection of Children from Offenses Act. who was under trial in a special court set up under the Act.The accused student filed a petition in the High Court seeking quashing of the case arguing that the alleged offense was registered due to lack of communication between the girl and her mother.Along with this, the mother of the minor girl and the complainant in the case had also given an affidavit in the court giving consent to quash the pending case. A division bench of Justices Nitin Sambre and M.G.Dige, taking note of the reasons stated in the consent letter, observed that both would be equally put to hardship.The accused student argued that he had no intention of abducting the victim from the legal custody of the complainant.The abduction allegation was made out of desperation as the minor girl could not be traced. The complainant has stated in his affidavit that on questioning the victim, he came to know that the victim had called the petitioner and eloped with him without informing the parents and stayed with him for such a period. In order to ensure that there is no pressure on the complainant to consent to quash the case, the bench called him to the court and held a conversation with him.The complainant admitted to have executed the affidavit of his own free will.The bench also asked the public prosecutor to interact with the complainant to verify the contents of the affidavit.The Public Prosecutor also said after talking to the complainant that the complainant has given the consent letter to cancel the case on his own. After hearing the matter, the Division Bench concluded that it can be concluded from the facts of the present case that there is a friendly relationship between the petitioner student and the victim girl.,But it is out of friendship that they both eloped without informing the legal guardians of the victim girl.Due to which the mother of the victim girl and the present complainant was forced to file a complaint.
