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J. J. MUNIR
Om Prakash – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
J.J. MUNIR, J.
1. The applicant seeks quashing of proceedings of Sessions Case No. 575 of 2020, State v. Om Prakash (Arising Out of Case Crime No. 339 of 2020), under Sections 376(1), 323, 357-ka, 504, 506 of the INDIAN PENAL CODE , 1860 and Section 7 /8 Protection of Children from Sexual Offences Act, 2012 (‘the Act of 2012’ for short), Police Station Kotwali, District Jhansi, pending before the Special Judge (POCSO Act) Jhansi.
2. According to the First Information Report (‘FIR’ for short) lodged by the complainant- opposite party No. 2, the said opposite party is a widow and became friends with the applicant, Om Prakash, who held out a false promise to marry her. The complainant has five children - two daughters and three sons begotten of her deceased husband. The FIR further says that on 23.08.2020, the complainant, deceitfully promising to marry her, had carnal relations with her and also molested her daughter with questionable intentions. Thereafter, he beat up the complainant. On 26.08.2020 at 10 o'clock in the night, the applicant ravished the complainant. On the basis of the said FIR, the present crime has been registered, including offences of rape and those und
The Act of 2012 is a special statute designed to protect children from sexual assault, sexual harassment, and pornography, and proceedings under this Act cannot be quashed based on a compromise betwe....
Ends of justice are higher than ends of mere law though justice has got to be administered in accordance with laws enacted by Legislature.
Point of law: Section 320 of Cr. P.C does not limit or control exercise of powers vested in Court under section 482 of Cr.P.C
Point of law: Section 320 of Cr. P.C does not limit or control exercise of powers vested in Court under section 482 of Cr.P.C.
Point of Law : Rape - Amicable settlement - Quash of FIR - Inherit powers of High Court - Power is not be exercised in those prosecutions which involve heinous and serious offences of mental depravit....
Serious offences, including rape, cannot be compromised or quashed based on the victim's wishes due to their significant societal impact.
Court cannot be a silent spectator to or turn its back on distressed family.
The court may quash criminal proceedings when a settlement exists between parties, and continuing prosecution would lead to an abuse of process.
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