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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Saurabh Lavania,J.
Kishan Mishra – Appellant
Versus
State of U.P. Thru. Prin. Secy. Home Deptt. Govt. Lko. – Respondent
JUDGMENT :
Saurabh Lavania, J.
1. Short counter affidavit filed by Sri Balendu Pandey, Advocate alongwith Vakalatnama on behalf of private opposite party no.2 in the Court today is taken on record.
2. Heard learned counsel for the applicant, Shri Balendu Pandey, learned counsel for private opposite party no.2, learned AGA for the State and perused the material brought on record.
3. The present application has been filed by the applicant for the following main relief:-
"Wherefore it is most respectfully prayed that this Hon'ble court may kindly be pleased to quash the Impugned Charge sheet dated 16.01.2024 along with the entire proceedings of the Session Trial No- 2229 of 2024 arising out from the Case Crime No-436/2023 U/s- 363/366/376 IPC & 3/4 The Protection of Children from Sexual Offences Act, 2012 P.S. Vibhuti khand, District-Lucknow "State of U.P. Vs Kishan Mishra" pending before the Learned Court of Additional District & Session Judge/Special Judge, POCSO Act, Main, Lucknow in the interest of justice."
4. Applicant/Kishan Mishra and opposite party no.3/victim are present before this Court. The applicant has been identified by Sri Virendra Kumar Mishra, Advocate, whereas victim/opp
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 quashed criminal proceedings under Section 366 IPC, emphasizing voluntary actions of the victim and the application of inherent powers to prevent abuse of process.
High Court may quash POCSO proceedings where minor victim in consensual adolescent love affair eloped, married accused, bore child, now adult and consents; prioritizes family unit protection over pro....
The court can quash criminal proceedings when the parties reconcile and marry, preventing abuse of process and securing justice.
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.
The court upheld that proceedings can be quashed when the victim, now an adult, wishes to end prosecution due to her married life with the accused.
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