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ANIL KUMAR CHOUDHARY
Nisha Priya @ Rina, Daughter of Ram Shankar Ram – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Heard the parties.
2. This Cr.M.P. has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with a prayer to quash the entire criminal proceeding in connection with Sadar (Bara Bazar) P.S. Case No.120 of 2019 corresponding to Special POCSO Case No.103 of 2021 including the order taking cognizance dated 02.11.2021 whereby and where under the learned Special Judge, POCSO, Hazaribagh has taken cognizance for the offence punishable under Sections 323 and 504 of the Indian Penal Code and Section 10 and 12 of POCSO Act and directed to issue summon against the petitioner.
3. The allegation against the petitioner is that the petitioner has sexually harassed the victim- minor boy, committed aggravated sexual assault upon the victim-minor boy. Police after investigation of the case, found the allegations to be true and submitted charge-sheet against the petitioner for having committed the offences punishable under Sections 4, 6, 10 and 12 of the Protection of Children from Sexual Offences Act, 2012. Learned Magistrate upon receipt of the charge sheet upon taking into consideration the materials in the record including the statement of
The court ruled that no prima facie case existed against the accused as the victim had attained majority and voluntarily left with him, leading to the quashment of proceedings under Section 482 Cr.P.....
Serious offences under the POCSO Act cannot be quashed based on settlements, as they affect public interest and the dignity of victims.
The court ruled that allegations of sexual harassment under the POCSO Act must be evaluated on evidence, even amidst claims of family rivalry, necessitating a trial.
Quashing of criminal proceedings permissible where continuation would cause injustice, especially in light of amicable resolution and lack of evidence for serious charges.
Jurisdiction of local court upheld for offenses committed against a minor, despite actions occurring outside India.
The court established that sexual contact between an adult and a minor, even with the minor's consent, can constitute penetrative sexual assault and aggravated penetrative sexual assault under the PO....
Allegations arising from familial disputes with no basis in prior statements can lead to quashing of charges under Section 482 Cr.P.C.
Criminal proceedings can be quashed if parties marry and agree to compromise.
The court clarified the applicability of specific sections of IPC and POCSO Act based on the evidence of the case, distinguishing between the roles of the accused.
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