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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Rajeev Misra,J.
Neeraj Kumar Manjhi – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Rajeev Misra, J.
1. Heard Mr. Sudhanshu Kumar Mishra, the learned counsel for applicant, the learned A.G.A. for State and Mr. Rahul Yadav, the learned counsel representing victim-opposite party-5.
2. Perused the record.
3. Applicant-Neeraj Kumar Manjhi, 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 this Hon'ble Court may graciously be pleased to quash the entire proceeding of Special Session Trial No. 267 of 2023 (State Vs. Neeraj Kumar Manjhi) pending in the court of Special Judge POCSO Act, Allahabad arising out of case crime No.360 of 2022 u/s 363, 366, 376, 328 I.P.C. and section 5/6 POCSO Act as well as charge sheet dated 15.02.2023 submitted in case crime No.360 of 2022 u/s 363, 366, 376, 328 I.P.C. and section 5/6 POCSO Act Police Station Shankargarh. District Prayagraj and also quash the summoning order dated 14.09.2023 passed by Special Judge POCSO Act, Allahabad in the aforesaid case.
It is further prayed that this Hon'ble Court may graciously be pleased to stay the further proceeding of Special Session Trial No.267 of 20
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....
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.
Quashing criminal proceedings is justifiable when the parties have reconciled and married, reflecting societal approval and rendering continuation of the trial an abuse of process.
Victims' consent and absence of coercion voids charges of kidnapping and sexual assault if sufficient evidence of mutual marriage exists, emphasizing personal liberties and maturity under statutory l....
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