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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Saurabh Lavania,J.
Ajay Kumar Shukla @ Ajay Kumar – Appellant
Versus
State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. – Respondent
JUDGMENT :
Saurabh Lavania, J.
1. As per letter No.112/2024 dated 30.03.2024 of the Chief Judicial Magistrate, Barabanki, service of notice of this petition upon opposite party no.4 -complainant is sufficient and despite service of notice, no-one appeared on behalf of opposite party no.4.
2. Learned counsel for the applicant and learned counsel for opposite party no.4/victim are present.
3. Heard.
4. The present petition has been filed seeking the following main relief(s):-
"i. To quash the entire proceedings initiated in pursuance of F.I.R. No.407 of 2022 dated 30.04.2022, Under Section 366 Indian Penal Code, 1860, Police Station Kotwali, District Barabanki which are pending in the Court of Additional District and Sessions Judge / Special Judge POCSO Act, contained as Annexure No. 1 to this application;
ii. To quash the impugned charge sheet dated 26.09.2022 filed in Case Crime No. 0407 of 2022, Police Station Kotwali, District Barabanki, contained Annexure No. 2 to this application;
iii. To quash the impugned summoning order dated 15.12.2022, passed by the Court of Court of Additional District and Sessions Judge / Special Judge, Court No. 44, Barabanki, contained as Annexure No. 3 to thi
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.
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 High Court may quash proceedings under inherent powers if a victim and offender marry post-allegation, promoting justice and familial stability despite non-compoundable offences.
The High Court may exercise its inherent powers to quash criminal proceedings when the parties have reconciled, entered into a marital relationship, and are living as a stable family, as continuing t....
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 main legal principle established in the judgment is the significance of genuine settlements in matrimonial disputes and the exercise of the power of quashing criminal proceedings in appropriate c....
If a minor voluntarily leaves the guardianship and joins someone without inducement or pressure, no offence under Section 363 IPC is made out if the girl is aged more than 17 years and is mature enou....
A redundant criminal prosecution cannot be allowed to continue.
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