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IN THE HIGH COURT OF ORISSA AT CUTTACK
SIBO SANKAR MISHRA
Fayazuddin Khan@Badal Khan – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. factual background of criminal proceedings. (Para 1 , 2 , 3) |
| 2. marital relationship established post-allegations. (Para 4) |
| 3. petitioner's argument for quashing based on reconciliation. (Para 5 , 6 , 7 , 8) |
| 4. state's argument against quashing based on gravity of offences. (Para 9 , 10 , 11) |
| 5. court's analysis on reconciliation in light of societal norms. (Para 12 , 13 , 14 , 15) |
| 6. quashing of proceedings in interest of justice. (Para 16 , 17) |
JUDGMENT :
The petitioner has filed the present application under Section 528 of the BNSS , 2023 r/w Section 482 of the Cr.P.C., 1973, seeking quashing of the criminal proceedings arising out of Nayagarh P.S. Case No. 60 of 2022, corresponding to T.R. Case No. 135 of 2022, pending before the learned Additional Sessions Judge-cum-Special Court under the POCSO Act, Nayagarh.
3. Based on these allegations, Nayagarh P.S. Case No. 60 of 2022 was registered under Sections 363 /366/376(2)(n) of the Indian Penal Code, 1860 ( IPC ) read with Section 6 of the POCSO Act. Upon completion of the investigation, a charge sheet was filed, and the learned trial court took cognizance of the offences.
5. Mr. Tripathy, the learned counsel for th
Quashing criminal proceedings is justifiable when the parties have reconciled and married, reflecting societal approval and rendering continuation of the trial an abuse of process.
The court can quash POCSO proceedings if the circumstances indicate that continuing them would cause undue hardship, especially when the victim and accused have married.
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 court emphasized the need for legislative amendments to address cases involving adolescents in relationships and the implications of the POCSO Act on such situations.
Ends of justice are higher than ends of mere law though justice has got to be administered in accordance with laws enacted by Legislature.
The court held that marriage between the accused and the victim, along with their living together, can quash criminal proceedings under POCSO, reaffirming the principle that continued prosecution in ....
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