In the Significant Case of Kailash Sharma v. State of M.P The prosecutrix, who was approximately 17 years and 10 months old, had filed a complaint under Section 482 of the Criminal Procedure Code, 1973 for the quashing of the FIR for the offence punishable under Sections 376 and 506 of the IPC and Sections 3, 4, and POCSO Act. She claimed that the petitioner had engaged in sexual activity with her after first threatening to make her offensive photos viral and later promising to wed her.
The respondent said in his request to have the current petition dismissed that even though the prosecutrix is a minor, the FIR was filed late.
The petitioner argued that the FIR is fraudulent and that, if any sexual activity occurred, it was done with her willingly and without any coercion. The petitioner argued that there was no proof of any sexual assault and that the FIR was filed too late.
Analysis of Court Order
Justice Deepak Kumar Agarwal served on a single bench of the Madhya Pradesh High Court that expressed the opinion that the prosecutrix is physically and mentally mature and is capable of choosing actions that are best for her.
A teenager in the prosecutrix’s age range who is physically and mentally mature is capable of making deliberate judgements about his or her well-being, According to the court’s opinion. The Court stated that, given the current situation, it appears that there is no mens rea at issue in the current case.
According to the Court, bringing the current case before the trial Court will be useless given the particular facts and circumstances. The FIR for the crime punishable by Sections 376 and 506 of the Indian Penal Code, 1860, and Sections 3, and 4 of the POCSO Act, as well as the subsequent criminal procedures, were dismissed by the court.
CASE NAME – Kailash Sharma v. State of M.P., MISC. (CRI) CASE No. 25264/23