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IN THE HIGH COURT OF ALLAHABAD
RAJEEV MISRA
Mukesh Ram – Appellant
Versus
State Of U.P. – Respondent
| Table of Content |
|---|
| 1. criminal proceedings initiated by fir. (Para 4 , 6 , 9) |
| 2. arguments regarding impact on family and prosecution. (Para 5 , 7 , 8) |
| 3. court's analysis of marriage's implications. (Para 10 , 11) |
| 4. supreme court citation on similar case. (Para 12) |
| 5. application allowed and proceedings quashed. (Para 13 , 14 , 15 , 16) |
JUDGMENT :
Rajeev Misra, J.
1. Heard Mr. Dhirendra Kumar Srivastava, the learned counsel for applicant and the learned A.G.A. appearing for State.
2. An affidavit of compliance filed by the learned A.G.A. in Court today, is taken on record.
3. Perused the record.
4. Applicant-Mukesh Ram, who is a charge sheeted accused has approached this Court by means of present application under Section 482 Cr.P.C. with the following prayers:-
"It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the impugned cognizance order dated 06.03.2023 passed by the learned Special Judge, POCSO Act, Chandauli and impugned charge sheet dated 25.02.2023 as well as entire criminal proceedings of Special Trial No. 245 of 2023 arising out of Case Crime No. 43 of 2023, under Sections 363 , 366, 376(2)(n) I.P.C. and Section 5 (J)/6 of Protection
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 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 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.
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.
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