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One can't file FIR and then withdraw it when he wants: HC

HC refuses to quash FIR after ‘sodomy victim’ and accused settle the matter

“It’s a heinous crime and a crime against society. You cannot use the machinery to your benefit and register FIR when you feel like and withdraw it when you want,” said High Court while rejecting a petition filed by a 35-year-old man to quash an FIR filed against him under Section 377 (unnatural offense) in 2013 for sexually assaulting his cousin brother over seven years.

A high court bench, comprising Justices Abhay Oka and Amjad Sayed, presided over the hearing of the petition, in which the accused, a resident of Ghansoli, told the court that he and his younger brother had settled the matter amicably. “The time has come to fine such people who register FIRs and then use police and judiciary for their benefit. They settle the matter later and file affidavits saying they have settled,” said Justice Oka. The petitioner’s lawyer Nitesh Bhutekar confirmed that they have settled the matter while admitting that his client committed the crime. “The elder brother used to have unnatural sex with the younger cousin who was staying with him in Ghansoli, Navi Mumbai from 2006 to July 2013,” said advocate Bhutekar.

Justice Oka said Section 377 was constitutional and Code of Criminal Procedure 482 does not permit quashing such a charge. “If we quash such FIRs it will send a wrong message to the society. Tomorrow people will commit murders and later file applications to quash FIRs,” added Oka.

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