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VINAY JOSHI, VALMIKI SA MENEZES
Poonam – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT/ORDER
VINAY JOSHI, J. - Heard the learned counsel appearing for the parties finally by consent.
2. Admit.
3. The applicants who are accused in Crime No. 202/2020 registered with Police Station Kotwali, Dist. Nagpur City for the offence punishable under Ss. 354, 427, 323 read with Sec. 34 of the Indian Penal Code and Sec. 12 of the Protection of Children from Sexual Offences Act, ( 'POCSO Act') urged for exercise of inherent powers of this Court to quash the concerned crime along with Special Case No. 609/2020 pending on the file of Additional Sessions Judge, Nagpur.
4. The facts leading to the prosecution can be stated in brief. The first informant a girl aged 17 years has lodged report. The informant's grand mother namely Rekha was residing near Bante House, Dasra Road, Mangpura, Nagpur. The informant was also residing at nearby place. On 13/8/2020 around 09.30 p.m., informant heard commotion from the side of the house of her grand mother Rekha. The informant rushed to the place to see the matter. At the relevant time, grandmother Rekha and informant's aunt were at their house to whom members of Jugele family (accused) were asking to vacate the premises. The informant started
The court established that FIRs can be quashed when they are found to be filed with mala fide intentions and do not disclose a prima facie case against the accused, particularly in the context of per....
The main legal point established is that quashing of a criminal complaint or FIR should be sparingly exercised and is permissible only in rare cases where no prima facie case is made out.
The main legal point established in the judgment is that the quashing of an FIR may be justified based on the lack of following mandatory requirements of law, absence of prima facie evidence of a cog....
The main legal point established in the judgment is the need to prevent abuse of the process of the court and secure the ends of justice, which justified the quashing of the FIR.
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