Back
IN THE HIGH COURT OF ALLAHABAD AT LUCKNOW BENCH
Hon'ble Saurabh Lavania,J.
Devesh Pandey – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Saurabh Lavania, J.
1. Short counter affidavit filed by Sri Rajesh Kumar Awasthi, Advocate on behalf of the the victim/complainant/opposite party No. 2 in the Court today is taken on record.
2. Heard learned counsel for the applicants, learned AGA for the State and learned counsel for the victim/complainant/opposite party No. 2.
3. Instant application has been filed by the applicants seeking following main relief:-
"i. To quash/set aside the impugned chargesheet No. 127 of 2016 dated 06.12.2016 as well as consequential criminal proceedings S.T. No. 223 of 2017 (State Vs. Devesh Pandey & others) arising out of Case Crime No. 157 of 2016 P.S. Haiderganj, Ayodhya pending in the court of Additional Session Judge/FTC-Ist Ayodhya, U/section-323, 376, 420 IPC against the petitioners in the interest of justice."
4. It is stated that the victim/complainant/opposite party No. 2 made a written complaint and based upon the allegations levelled therein, an FIR was registered as Case Crime No. 0157/2016 on 21.08.2016, under Sections 323, 376, 420 IPC at Police Station-Haiderganj, District- Faizabad (now Ayodhya).
5. It is further stated that as per the contents of FIR, which is on record as
The court can quash criminal proceedings when the parties reconcile and marry, preventing abuse of process and securing justice.
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 distinction between consensual relationships and rape allegations is critical; failure to fulfill a marriage promise alone does not constitute rape absent of proof of bad faith or coercion.
Consent in sexual offenses must be based on clear understanding; misconceptions or coercion can vitiate it, but the facts must support the allegations sufficiently to sustain charges.
The court ruled that allegations of rape under Section 376 IPC were not established, allowing quashing of the FIR based on the consensual nature of the relationship and the parties' subsequent marria....
The inherent powers of the court can quash criminal proceedings when the victim expresses no desire to proceed, especially following reconciliation and marriage, despite serious charges under IPC.
Offence under Section 376 IPC is non-compoundable – By simply entering into compromise, charges cannot be said to have been mitigated or quashed as offence is against dignity of women as well as publ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
