VINAY JOSHI, ABHAY J. MANTRI
Ankush S/o Vilasrao Pakhale – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
VINAY JOSHI, J.
1. Heard.
2. Admit.
3. This is an application seeking to quash criminal prosecution namely Special (Child Act) Case No. 12/2020 arising out of Crime No. 875/2019 registered with Police Station Arvi, Wardha for the offence punishable under Sections 354-A, 354-D, 376(3), 452 of the Indian Penal Code, Sections 4, 6, 8 of the Protection of Children from the Sexual Offences Act.
4. At the instance of report lodged by mother of victim, crime has been registered. The victim is a minor daughter of the informant lady. It is her case that the applicant was nearby resident who was in visiting terms at her house. The victim has informed that on 09.12.2019, in the afternoon, the applicant followed her and by expressing love outrage her modesty and therefore, report. During the course of investigation, statement of several witnesses including victim have been recorded. The victim aged 15 years disclosed that from last one year, the accused has expressed her love, on which both were involved in relationship. Time and again, they used to meet and also had physical relationship. On completion of investigation, charge- sheet has been filed. The Trial Court has recorded evidence
The court can quash criminal proceedings in exceptional circumstances to secure the victim's welfare, especially when the victim has married the accused and is pregnant.
A court can quash criminal proceedings when the victim marries the accused, promoting justice and family harmony.
Criminal proceedings may be quashed if marriage and mutual consent between the parties can ensure family stability and justice.
The court established that while serious offences typically cannot be settled privately, the unique circumstances of marriage and children can justify quashing proceedings to protect family integrity....
The marriage between the accused and victim can justify quashing of criminal proceedings under certain circumstances.
The marriage of the accused and victim can justify quashing criminal proceedings under the POCSO Act to preserve family harmony.
The court can quash criminal proceedings based on a compromise between parties, even for non-compoundable offences, when it serves the ends of justice and prevents oppression.
Marriage between accused and victim can warrant quashing of sexual assault charges to promote justice and family life.
High Court may quash POCSO proceedings where minor victim in consensual adolescent love affair eloped, married accused, bore child, now adult and consents; prioritizes family unit protection over pro....
Quashing criminal proceedings is justified when the victim and accused are married, supporting family harmony and justice.
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