Back
DINESH KUMAR SHARMA
Abhay Kumar – Appellant
Versus
State NCT of Delhi – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CRL.M.C. 7061/2022
1. The present petition has been filed seeking quashing of case FIR No. 017/18, Dated 31.01.2018, under Sections 354A/354D & Section 12 of POCSO Act, 2012, PS Maurice Nagar, New Delhi.
2. Briefly stating, the present FIR was registered on the complaint of the victim/Respondent no. 2 who was enrolled in B.A. (Programme) at Daulat Ram College, University of Delhi, and was in her 2nd Semester when she was being taught by the Petitioner (Adhoc Lecturer). The complainant alleged that the Petitioner used to stare and wink at her during the lectures. Upon finding Respondent No.2 alone in college, the petitioner used to approach her for conversation. It is further alleged that on 22.01.2018 the Petitioner met the victim at the canteen and on seeing her, the Petitioner made lewd remarks for Respondent No. 2 and touched her with wrong intentions. Further, it is alleged that on 25.01.2018 the Petitioner during the lecture in front of the whole class, he again made lewd remarks and hearing them she got nervous. Respondent No. 2 further alleged that the Petitioner from his phone No. 9818813621 used to message her on WhatsApp at her Phon
The court can exercise its inherent powers under section 482 of the Code to quash proceedings in the interest of complete justice and to prevent abuse of the process of the court, considering the for....
The court has the discretion to quash criminal proceedings based on a settlement, especially in cases where there is a pre-existing familial or personal relationship, to prevent the abuse of the cour....
The court may exercise power under Section 482 Cr.P.C to quash proceedings when the offense is predominantly private and a settlement between the parties would lead to better relations and resolution....
Serious offences under the POCSO Act cannot be quashed based on settlements, as they affect public interest and the dignity of victims.
The court can exercise inherent powers under section 482 of the Code to quash non-compoundable offences after considering the nature of the offence, the gravity of the case, and the amicable settleme....
The court may quash FIRs in cases involving serious offences if the parties have resolved their dispute amicably and the likelihood of conviction is minimal.
The court has the inherent power to quash criminal proceedings, even in non-compoundable cases, if it serves the ends of justice and prevents abuse of the court's process.
The court has the power to quash criminal proceedings on the ground of a settlement, considering the private nature of the dispute and the amicable settlement reached by the parties.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
