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MOHAN LAL
Ajay Kumar Verma – Appellant
Versus
UT of J&K – Respondent
JUDGMENT :
1. By invoking the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure (hereinafter referred as to the 'Code'), petitioner by the instant petition seeks quashment of the Charge-sheet No. 33/2021 titled UT of J&K vs. Ajay Kumar @ Pankaj pending before the Court of learned Special Judge POCSO cases Jammu, arising out of FIR No. 0068/2021, dated 03.04.2021 registered against him in Police Station Bishnah District Jammu for the commission of offences punishable under sections 7 and 8 of the Protection of Children from Sexual Offences Act 2012 (for short 'the POCSO Act').
2. It is averred, that petitioner is serving in Indian Army and is known in the Army for his good character/good human being, there has not been a single complaint of any sort or nature against him from any person till date, petitioner has friendly relation with respondent No. 2 as he is also living in the same vicinity where the family of the petitioner is living, that respondent No. 2 by projecting certain urgent and emergent domestic exigency arising due to frequent lockdowns due to COVID-19 pandemic borrowed money amounting to Rs. 1.25 lacs from the petitioner with the c
The main legal point established in the judgment is that the High Court has the inherent power to quash criminal proceedings when the parties have settled their disputes, provided that the possibilit....
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 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....
Serious offences like section 376 IPC cannot be quashed on the basis of settlement between the parties.
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 High Court has inherent powers under Section 482 of the CrPC to quash criminal proceedings when the parties have reached a compromise, even in cases involving non-compoundable offences, provided ....
Point of Law : POCSO Act – Compromise – Quash of criminal proceedings.
High Court quashed FIR for non-compoundable non-consensual sexual intercourse offence on victim-accused compromise and her court statement, as conviction remote, trial futile, securing ends of justic....
Point of Law : No doubt, while exercising power under Section 482 Cr.P.C, for quashing of FIR, Court is also required to take into consideration interest of society at large, but in the present case,....
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