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HARPREET SINGH BRAR
Vicky – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
HARPREET SINGH BRAR, J.
1. This petition has been filed under Section 482 of the Code of Criminal Procedure seeking quashing of FIR No. 128 dated 15.06.2018, registered for offences under Sections 363 and 366-A of the Indian Penal Code, 1866 and (Section 6 of Protection of Children from Sexual Offences Act, 2012 added later on) (for short “POCSO Act”), at Police Station Sadar Narwana, Annexure P-1, along with all subsequent proceedings arising therefrom, on the basis of affidavit (compromise) dated 05.03.2021, Annexure P-6.
2. The following order was passed on 16.11.2021:
Prayer made in the application is for placing on record the statement of PW-9-victim-Nikita as Annexure P-9.
Application is allowed.
Statement of PW-9-victim-Nikita is taken on record as Annexure P-9.
CRM-M-15677-2021 (O&M)
Instant petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR No. 128 dated 15.06.2018, registered for offences under Sections 363 and 366-A of the Indian Penal Code, 1866 and (Section 6 of Protection of Children from Sexual Offences Act, 2012 (for short “POCSO Act”), at Police Station Sadar Narwana, Annexure P-1, along with
The court established that voluntary consent from a victim, especially after marriage, can lead to quashing of FIRs under IPC and POCSO Act.
The main legal point established is that exceptional circumstances, such as a consensual relationship, settlement, marriage, and the birth of children, can influence the court to quash an FIR in the ....
The High Court may exercise its inherent powers to quash criminal proceedings when the parties have reconciled, entered into a marital relationship, and are living as a stable family, as continuing t....
The court may consider quashing the FIR and proceedings if the complainant/prosecutrix desires to withdraw the complaint and if there are exceptional circumstances, such as marriage between the accus....
The main legal point established is that the offences under the POCSO Act and IPC Section 376 cannot be quashed based on a compromise or subsequent marriage, as this would defeat the legislative obje....
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