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MITALI THAKURIA
Tame Talling, S/o. Lt. Tame Kame – Appellant
Versus
State of A. P. , Through the Public Prosecutor – Respondent
JUDGMENT :
Heard Mr. D. Saikia, learned counsel for the petitioners. Also heard Ms. L. Hage, learned Additional Public Prosecutor representing the State of Arunachal Pradesh.
2. This application is filed under Section 482 of the Criminal Procedure Code, 1973, praying for invoking the inherent jurisdiction in quashing and setting aside the proceedings of Itanagar Women Police Station Case No.28/2020, registered under Section 363/376 of Indian Penal Code, 1860, read with Section 6 of POCSO Act, 2012, corresponding to POCSO Case No.09/2022, which is pending before the Court of learned Special Judge (POCSO Act) at Yupia, Papum Pare District, Arunachal Pradesh.
3. The brief facts leading to filing of the present petition, is stated as under:-
The High Court can quash non-compoundable offences under Section 482 when the parties amicably settle their dispute and continuation of proceedings would cause extreme injustice.
The High Court may quash proceedings under inherent powers if a victim and offender marry post-allegation, promoting justice and familial stability despite non-compoundable offences.
Quash a Proceeding - Power under section 482 Cr.P.C. entitles the High Court to quash a proceeding when it comes to the conclusion that allowing the proceedings to continue would be an abuse of the p....
Serious offences like section 376 IPC cannot be quashed on the basis of settlement between the parties.
Inherent powers under section 482 of Code can be used to prevent abuse of process of law and to secure ends of justice.#12;
The court's decision was based on the principle that the power to quash criminal proceedings should be exercised to secure the ends of justice and prevent abuse of the process of the court, consideri....
The main legal point established in the judgment is the need for a nuanced approach in cases involving consensual relationships between adolescents, considering the societal context and the maturity ....
The court has the power to quash FIRs for serious crimes only if there exists a remote possibility of conviction and fairness to justice requires such action.
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