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AJAI KUMAR SRIVASTAVA I
Suraj – Appellant
Versus
State Of U. P. Thru. Prin. Secy. Deptt. Of Home – Respondent
JUDGMENT :
1. Vakalatnama filed by Ram Lakhan Pal, Advocate on behalf of opposite party is taken on record.
2. Heard learned counsel for the applicant, learned counsel for opposite party no.2, learned A.G.A for the State and perused the entire record.
3. This application under Section 482 Cr.P.C. has been filed by the applicant for quashing the entire proceeding of S.T. No.574/2022, arising out of Case Crime No.0007/2022, under Sections 376 & 506 I.P.C. and 5/6 POCSO Act, Police Station Banthara, District Lucknow.
4. Learned counsel for the applicant has submitted that the first information report came to be lodged against the applicant on the basis of false and fabricated facts. His further submission is that upon conclusion of the investigation, the charge-sheet has been filed without there being any evidence whatsoever against him. He has further submitted that there is no evidence whatsoever in support of the charge sheet neither there is any material to frame the charge against the accused nor the proceeding can fruitfully be continued against him. His further submission is that the prosecutrix is living with the applicant as wife and they have been blessed with a girl child.
The power to quash criminal proceedings under Section 482 Cr.P.C. should be exercised sparingly and with circumspection, and the serious impact of certain offenses on society should be considered.
Point of Law : POCSO Act – Compromise – Quash of criminal proceedings.
The High Court can quash criminal proceedings based on compromise, even if the offence is non-compoundable, in accordance with the settled propositions by the Hon'ble Apex Court.
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 main legal point established in the judgment is the requirement for a prima facie case to be made out against the accused and the limitations on the court's power to appreciate evidence at the pr....
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,....
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....
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....
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