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KARDAK ETE
Kara Nayum – Appellant
Versus
State Of A. P. – Respondent
ORDER :
Heard Mr. R. Sonar, learned counsel along with Mr. T. Topu, learned counsel for the petitioners and also heard Mr. T. Ete, learned Additional PP for the State.
2. This instant application under Section 482 of Cr.PC has been jointly filed by the petitioners for setting aside the criminal proceedings in POCSO Case No. 13/2020 under Sections 354(A)/506 of IPC, 1860 read with Section 8 of the Protection of Children from Sexual Offences Act, 2012, corresponding to Itanagar Women PS Case no. 91/2020 pending before the Special Judge (POCSO), Yupia on the basis of compromise/settlement between the accused and the victim.
3. The facts of the case in brief is that on 06.11.2020, an FIR was filed by the petitioner No. 1 at Women Police Station, Itanagar, interalia, alleging that the petitioner No. 2 molested her on 21.10.2020 at around 5:20 AM near Yupia water tank and since then he had been calling and texting her saying “he is in love with her”. It was also alleged that on the intervening night of 03.11.2020, the petitioner No. 2 also fired several rounds of firing from his revolver and threatened her. It was on the basis of the aforesaid FIR, Itanagar Women Police Station Case No. 91/
The main legal point established in the judgment is that the quashing of criminal proceedings based on compromise between the parties should be considered in light of the nature and gravity of the of....
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 can exercise its inherent power under Section 482 Cr.P.C. to quash criminal proceedings for non-compoundable offences based on the settlement between the parties, to secure the ends of just....
The High Court can exercise its inherent powers under Section 482 Cr.P.C. to quash criminal proceedings for non-compoundable offences if the parties have settled their disputes amicably and continuat....
The High Court may quash criminal proceedings if the possibility of conviction is remote, and continuation of the case would cause oppression and prejudice to the accused despite a full and complete ....
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