Bombay high court quashes criminal proceedings against five
The Bombay high court has quashed criminal proceedings against five people from Badlapur for manhandling one of their classmates and assaulting her male friend, only after all of them submitted an undertaking declaring that they would clean the town for two hours every Sunday in November, under the supervision of the ward officermumbai Updated: Nov 01, 2016 16:20 IST
The Bombay high court has quashed criminal proceedings against five people from Badlapur for manhandling one of their classmates and assaulting her male friend, only after all of them submitted an undertaking declaring that they would clean the town for two hours every Sunday in November, under the supervision of the ward officer. The five also agreed to pay Rs50,000 each.
The division bench of Justice Abhay Oka and Justice Amjad Sayed accepted their undertakings in view of the fact that all of them were young – in the age group of 19 to 22 years. The bench has now directed all five to clean Ward No. 1 at Kulgaon on all the Sundays in November.
The bench has also directed the ward officer to issue a compliance certificate after they complete their service.
The alleged incident took place on September 25, 2016, purportedly out of jealousy, as one of the accused had strong objections regarding the girl’s (complainant) acquaintance with another boy. Out of grudge, he threatened the girl on phone and later he and his accomplices bashed up her male friend.
Acting on the complaint of the girl’s mother, Badlapur (East) police station booked all five under various sections of the Indian Penal Code and provisions of the Protection of Children from Sexual Offences Act, 2012, as the complainant was a minor.
Later, however, elders from both sides came together and decided to amicably settle the matter, primarily considering the ages of the accused and their careers. The group of five then approached the high court, seeking that criminal proceedings be quashed against them on the complainant’s consent .
The girl’s mother stated in her affidavit of consent that she does not desire to proceed with the complaint and wanted to put an end to the controversy as she did not want her daughter and her friends to visit the police station and court repeatedly.
All five accused deposited demand drafts of Rs 50,000 each. They also presented an undertaking to the court on the cleaning work.
Accordingly, the bench accepted their undertaking and quashed the criminal proceedings against them on the condition that they would do cleaning at Kulgaon for two hours on all Sundays in November.