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M. NAGAPRASANNA
Manjunatha, S/O Soma Nayaka – Appellant
Versus
State Of Karnataka Udayagiri P. S. , Represented By SPP – Respondent
ORDER :
M.Nagaprasanna, J.
The petitioner/accused is before this Court seeking quashment of proceedings in Special Case No.242 of 2023 registered for offences punishable under Sections 376(2)(n), 506 of the IPC and Sections 5(L), 5(J)(II), 6 of Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act’ for short).
2. Heard Sri Rohith S.V., learned counsel appearing for petitioner, Sri Thejesh, learned High Court Government Pleader for respondent No.1 and Sri Nagaraju H.R., learned counsel appearing for respondent No.2.
3. Facts in brief germane are as follows:
A complaint comes to be registered by the 2nd respondent, the mother of the victim alleging that the petitioner and her daughter were in love as they were students of the same institution “Shree Kantheshwara School”. It is further alleged that the petitioner used to meet the complainant’s daughter and threaten or harass her if she would not come out with the petitioner. It transpires that the petitioner used to take the victim on his bike to an isolated place and commit sexual assault on her. The complaint comes to be registered on the aforesaid circumstance on 15-02-2023, which becomes a crime in Crime No.14 of 2023 for t
The court can quash POCSO proceedings if the circumstances indicate that continuing them would cause undue hardship, especially when the victim and accused have married.
Ends of justice are higher than ends of mere law though justice has got to be administered in accordance with laws enacted by Legislature.
The court held that marriage between the accused and the victim, along with their living together, can quash criminal proceedings under POCSO, reaffirming the principle that continued prosecution in ....
A marriage between the accused and victim can be grounds to quash a FIR for rape under certain circumstances, emphasizing the balance between justice and social welfare.
A grave criminal offence or serious economic offence or for that matter offence that has potentiality to create a dent in financial health of institutions, is not to be quashed on ground that there i....
The court can quash proceedings under the POCSO Act based on genuine settlements, especially when the accused and victim are married, to prevent injustice and promote family harmony.
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