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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Rajeev Misra,J.
Ghanshyam Jha – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Rajeev Misra, J.
1. Heard Mr. Navnath Pandey, the learned counsel for applicant, the learned A.G.A. for State-opposite party-1 and Mr. Varunesh Shukla, the learned counsel representing prosecutrix/first informant/opposite party-2.
2. Perused the record.
3. Applicant-Ghanshyam Jha, who is a charge sheeted accused, has approached this Court by means of present application under Section 482 Cr.P.C. with the following prayer:
"It is, therefore, most respectfully prayed that in the interest of justice this Hon'ble Court may be pleasedto quash the entire proceeding of Session Case No.762/2024 including the charge sheet dated 27.12.2023 as well as cognizance/summoning order dated 6.3.2024 passed by Chief Judicial Magistrate, Bulandshahr inCase No.4016/2024 arising out of Case Crime No. 867/2023, u/S 376, 504, 506 I.P.C., Police Station- Sikandrabad, District Bulandshahar, pending in the court of A.D.J./F.T.C.-III, Bulandshahr.
It is further prayed that this Hon'ble Court may graciously be pleased to stay the entire proceeding of Session Case No.762/2024 including the charge sheet dated 27.12.2023 as well as cognizance/summoning order dated 6.3.2024 passed by Chief Judicial Magistrate
Subsequent marriage between the accused and prosecutrix negates the criminality alleged, warranting quashing of proceedings under Section 482 Cr.P.C.
Subsequent marriage and childbirth can impact the continuation of criminal proceedings under POCSO Act, particularly when the prosecutrix was a minor at the time of the alleged offenses.
Subsequent marriage and family formation can quash criminal proceedings under POCSO Act, but compromise in sexual offence cases is not permissible.
Subsequent marriage of an accused to the victim can result in quashing of criminal proceedings, emphasizing family integrity over prosecution, even when the victim was a minor at the time of the offe....
A marriage between the accused and victim can be grounds to quash a FIR for rape under certain circumstances, emphasizing the balance between justice and social welfare.
Post-marriage relationships can negate criminal charges related to elopement or sexual offenses, recognizing the abuse of legal process in continuation of proceedings against married couples.
The court held that marriage between the accused and the victim, along with their living together, can quash criminal proceedings under POCSO, reaffirming the principle that continued prosecution in ....
The High Court can quash criminal proceedings in matrimonial disputes if the parties have divorced and the informant does not wish to proceed, to prevent abuse of process and serve the ends of justic....
The court emphasized that in cases where marital disputes are resolved through mutual consent and settlement, continuing criminal proceedings would constitute an abuse of the legal process.
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