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SAMIT GOPAL
Sanjeev Kumar – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. List revised.
2. Heard Sri Prem Prakash, learned Senior Advocate assisted by Sri Doodh Nath Yadav, learned counsel for the applicant, Sri Ramesh Kumar, learned counsel for the opposite party no.2 and Sri Bade Lal Bind, learned State counsel and perused the records.
3. This application under Section 482 Cr.P.C. has been filed by the applicant Sanjeev Kumar with the following prayers:-
It is further prayed that this Hon'ble Court may graciously be pleased to set aside the impugned order summoning order dated 16.2.2023 passed by Special Judge (POCSO)
The court ruled that serious offences under the POCSO Act, particularly sexual assault against minors, cannot be quashed based on victim retraction or compromise, emphasizing public interest in prose....
The court can quash criminal proceedings based on a compromise between the parties, especially in cases where the allegations could not be established and the continuance of the proceedings would be ....
High Court quashed abetment proceedings on victim-husband compromise after main rapist accused died, as conviction remote, parties harmonious, invoking Section 482 CrPC sparingly for non-compoundable....
Serious and heinous offences, especially those affecting the society at large, cannot be quashed based on a settlement between the parties, as it is in the interest of society that the offender shoul....
The court emphasized the careful exercise of the power to quash criminal proceedings, especially in cases involving heinous and serious offences, and highlighted the wide inherent powers of the High ....
Point of Law : POCSO Act – Compromise – Quash of criminal proceedings.
The court may quash proceedings for non-compoundable offences based on a compromise if the offences do not significantly impact society.
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