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KARDAK ETE
Tania Moryom D/o Shri Tanya Tari – Appellant
Versus
State of Arunachal Pradesh – Respondent
JUDGMENT :
KARDAK ETE, J.
1. Heard Mr. T. Taba, learned counsel for the petitioners. Also heard Ms. L. Hage, learned Additional Public Prosecutor for the State.
2. This is an application under Section 482 of the Code of Criminal Procedure, 1973 (now repealed), jointly filed by the petitioners praying for quashing of the criminal proceedings in connection with POCSO Case No. 16/2021, under Sections 376/506 IPC, read with Section 6 of POCSO Act, pending before the learned Special Judge (POCSO) Yupia on the basis of settlement.
3. The case set up by the prosecution is that on 03.06.2021, a written FIR was received from Ms. X (name withheld), the petitioner No. 1 herein, to the effect that in the year 2020, she got friendly with one Shri Kange Rigam, the petitioner No. 2 herein, through Facebook and on his request, she came to Naharlagun from Yazali on 16.02.2020 for attending NBCC Silver Jubilee Programme. On her arrival from Yazali, the accused/the petitioner No. 2 took her to Nirjuli in a hotel under the pretext of lunch and raped her repeatedly. It is alleged that the accused/the petitioner No. 2 has captured her nude photographs and started blackmailing that same shall be made viral i
The court ruled that inherent powers to quash proceedings under Section 482 Cr.P.C. cannot be exercised in cases involving serious offences like rape.
Point of law : Power under Section 320 of Cr.P.C., may be exercised only where the parties have settled their dispute and the same also depends upon the facts of each case. It is also held that befor....
Serious offences under the POCSO Act cannot be quashed based on compromise or victim's affidavit, reaffirming the need for societal protection.
Serious offences under the POCSO Act cannot be quashed based on settlements, as they affect public interest and the dignity of victims.
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....
Point of Law : Rape - Amicable settlement - Quash of FIR - Inherit powers of High Court - Power is not be exercised in those prosecutions which involve heinous and serious offences of mental depravit....
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.
The main legal point established in the judgment is that heinous crimes like rape, especially those under special statutes like the POCSO Act, cannot be quashed based on compromise, emphasizing the i....
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