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Bombay High Court Directs POCSO Accused to Fund MacBook for Minor Victim

In a significant order in a petition seeking quashing of proceedings under the Protection of Children from Sexual Offences Act, the Bombay High Court directed that ₹1.5 lakh deposited by the accused be used to purchase a MacBook or laptop for the minor victim to support her education.

The direction was passed by Justice Ashwin D Bhobe while allowing a plea filed by a 52-year-old man from Pune. The accused had approached the Court seeking quashing of a First Information Report registered under the POCSO Act and the Bhartiya Nyaya Sanhita.

The case was registered at Chaturshrungi Police Station in Pune. A chargesheet had already been filed, which was also challenged before the High Court. The allegations included sexual assault and harassment against the minor, who is the niece of the accused.

While considering the matter, the Court noted that the dispute had arisen out of a misunderstanding within the family. Importantly, the minor victim informed the Judicial Magistrate that she no longer had any grievance against her uncle.

Before the High Court as well, the girl reiterated her no-objection to the quashing of proceedings. She filed an affidavit clearly stating that her consent was given voluntarily and without any coercion or pressure.

Taking into account the settlement between the parties and the victim’s stand, Justice Bhobe observed that there was no legal impediment in allowing the petition. The Court, therefore, permitted quashing of both the FIR and the chargesheet.

However, the quashing was made conditional. The accused agreed to deposit ₹1.5 lakh within two weeks as costs. The Court treated this deposit as a condition precedent for granting relief.

While passing further directions, the judge stated, “I deem it fit and proper to direct the registry to utilise the said amount of ₹1,50,000 to procure the latest version of a MacBook / laptop for the minor victim, in consultation with her, which would suit her needs for her further studies.”

The registry was instructed to consult the minor victim and ensure that the laptop purchased meets her academic requirements. Any remaining amount after the purchase is to be transferred to the High Court Employees Medical Welfare Fund in Mumbai.

Advocates Shahzad Naqvi and Amrin Syed, briefed by Naqvi Juris, appeared on behalf of the accused. Advocate Sana Subedar represented the minor victim, while Additional Public Prosecutor PN Dabholkar appeared for the State.

The order reflects a balancing approach by the Court, where the settlement was recognised, and at the same time, the financial deposit was directed towards the minor’s educational benefit. The decision highlights how courts may craft meaningful conditions while exercising their powers to quash criminal proceedings.

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