Back
IN THE HIGH COURT OF ALLAHABAD
Hon'ble Rajeev Misra,J.
Inderjeet – Appellant
Versus
State Of U.P. – Respondent
JUDGMENT :
Rajeev Misra, J.
1. Heard Mr. Chandra Jeet Yadav, the learned counsel for applicant, the learned A.G.A. State opposite party 1 and Mr. Shashi Dhar Shukla, the learned counsel represented first informant opposite party 2.
2. Perused the record.
3. Supplementary affidavit filed by the learned counsel for appellants in court today is taken on record.
4. This application under Section 482 Cr.P.C. has been filed by applicant, Indra Jeet (Chargesheeted accused) and Sanju (the prosecutrix) with the prayer to quash the proceeding of Sessions Case No. 547 of 2021 arising out of Case Crime No. 78 of 2020, State Vs. Indrajeet, Police Station-Mahuli, District-Sant Kabir Nagar, under Sections 363, 366, 376, 504 , 506 IPC , read with Section 5/6 of the Protection of Children from Sexual Offences Act , Police Station-Mahuli, District Sant Kabir Nagar pending before Additional Sessions Judge/Special Judge (POCSO Act), Sant Kabir Nagar.
5. Learned counsel for the applicant submits that though applicant 1, Indra Jeet is a named and charge-sheeted accused and is also facing trial before court below by means of aforementioned Sessions Trial, however, in view of the subsequent developments that ha
Subsequent marriage and family formation can quash criminal proceedings under POCSO Act, but compromise in sexual offence cases is not permissible.
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 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....
Subsequent marriage between the accused and prosecutrix negates the criminality alleged, warranting quashing of proceedings under Section 482 Cr.P.C.
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 ....
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.
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
