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UMESH CHANDRA SHARMA
Saurabh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Learned A.G.A. has filed counter affidavit in Court, which is taken on record.
2. No rejoinder affidavit has been filed by the applicant.
3. Heard Ms. Manju Pandey, learned counsel for the applicant, Sri M.P.S. Chauhan, learned counsel for opposite party no. 2 and Sri Pankaj Kumar Tripathi, learned A.G.A. for the State and perused the record.
4. Opposite party no. 2 is personally served, but he has not came forward to oppose the applicant and has also not filed any objection/counter affidavit, but on the date of hearing Sri M.P.S. Chauhan, learned counsel for the opposite party no. 2. is present.
5. The present application under Section 482 Cr.P.C has been instituted by the applicant to quash the Charge-Sheet No. 93 of 2022 date 16.05.2022 as well as cognizance order dated 02.06.2022 passed by Additional District Judge / Special Judge (POCSO Act), Bulandshahr, in Case No. 2488 of 2022 - State Vs. Saurabh, arising out of Crime No. 82 of 2022 under Sections 363, 366, 376 I.P.C and 3/4 POCSO Act, Police Station Araniya, District Bulandshahr, pending in the aforesaid court.
6. In brief, the facts of the case are that opposite party no. 2, lodged F.I.R on 12.03.2022 against the
Section 375 I.P.C. provides that if a physical relation is being established with or without consent of a lady below 18 years of age it would be deemed to be raped.
If a minor voluntarily leaves the guardianship and joins someone without inducement or pressure, no offence under Section 363 IPC is made out if the girl is aged more than 17 years and is mature enou....
The main legal point established in the judgment is the reluctance to interfere with criminal proceedings at an interlocutory stage as per the inherent power of Section 482 of the Cr.P.C.
The court can quash criminal proceedings if they are based on a settlement between parties and no purpose is served in keeping them pending.
The court can invoke its power under Section 482 of the Code of Criminal Procedure to quash a criminal proceeding when the matter has been settled between the parties and continuing the proceeding wo....
(1) If a prima facie case is made out disclosing ingredients of offence alleged against accused, Court cannot quash a criminal proceeding.(2) Cognizance of offence – Magistrate can ignore conclusion ....
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 quashed criminal proceedings under Section 366 IPC, emphasizing voluntary actions of the victim and the application of inherent powers to prevent abuse of process.
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