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Judgment
Rule returnable forthwith. Mr. Devnani, the learned Additional Public Prosecutor, waives service of notice of rule for and on behalf of the respondent No.1-State of Gujarat. Mr. Hemant Raval, the learned advocate, has entered appearance on behalf of the respondent No.2-original complainant and waives service of notice of rule.
By this application under Section 482 of the Cr.P.C., 1973, the applicants seek to invoke the inherent powers of this Court praying for quashing of the first information report being C.R. No.I-93 of 2017 registered with the Godhra ''B'' Division Police Station for the offence punishable under sections 354(D), 506(2) read with section 114 of the Indian Penal Code and section 12 of the POCSO.
The case of the prosecution is that the respondent No.2- original first informant is a resident of Godhra. The first informant''s house is situated next to a Dargah. The two applicants are also residing in the same locality. The allegations levelled by the first informant are that of stalking punishable under section 354(D) of the IPC and sexual harassment under section 12 of the POCSO. The applicant No.2 is a student studying in the standard 12 th, Science Stream. The applicant No.1 is engaged in some petty business.
When this matter was taken up for hearing, Mr. Raval, the learned counsel, appeared on behalf of the first informant and informed the Court that as the applicants and the first informant are residing in the same locality, the dispute has been amicably settled with the intervention of few elderly people and relatives of both the sides. The first informant Fatemah is present today in the Court along with her mother,
namely, Benazir Shabbirbhai Fidvi. The mother made a fervent request that the matter may be put to an end as both the applicants have tendered an unconditional apology before the members of the community and have assured that they would not indulge in any such activity in future and they would not even see towards Fatemah. It appears that the settlement, arrived at before the community people, has been reduced into writing in the vernacular. The same is ordered to be taken on record.
The applicant No.1 has also filed an affidavit tendering an unconditional apology in writing and assuring that he would not indulge in any such activity. The affidavit is ordered to be taken on record.
In the same manner, the applicant No.2 has also filed an undertaking on oath stating that he apologizes for the act complained and he would not repeat such an act in future. The affidavit of the applicant No.2 is also ordered to be taken on record.
The mother of the first informant, namely, Benazir has also filed an affidavit stating as under, the same is ordered to be taken on record;
"I, the undersign smt. BENAZIR SHABIIRBHAI aged 40 years, residing: R.T.O Kachehri Road near Phool Dargah, Godhra do hereby declare and state on oath as under;
I state on oath that Fatema is my daughter and as such she is 17 years 10 months old, and not in a position to file affidavit, this affidavit of mine in the capacity of mother and guardian.
At the outset, I state on oath that by the intervention of elders the matter is compromised and I have no objection if the criminal complaint is quashed similar feeling is of my daughter Fatema.
I state on oath that petitioner no.1 is my relative.
I state on oath the complaint is the result of misunderstanding and hence the same may kinldy be quashed.
Solemnly affirmed on this 14th day of November, 2017 at Ahmedabad."
The three elderly persons from the community, who played the role of mediators, namely, (I) Zuber Ramzani Khalpa (ii) Irfan Mohammed Bhamedi and (iii) Mohammed Hanif Abdulsalman Yaiman are also personally present in the Court today. They are given an undertaking that no such thing, as complained, would ever happen again.
I am accepting this settlement very reluctantly because the allegations are of sexual harassment of a minor. However, taking into consideration the fact that the parties are of the same community and also areresiding in the same locality past couple of years and the applicants and the community people have given an undertaking that no such thing would ever happen again, I am inclined to accept the settlement.
In view of the above, this application is allowed. The first information report being C.R. No.I-93 of 2017 registered with the Godhra ''B'' Division Police Station is hereby quashed. Rule is made absolute to the aforesaid extent.
Direct service is permitted.