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HIGH COURT OF JUDICATURE AT ALLAHABAD
KSHITIJ SHAILENDRA
Ashwani Anand – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. factual matrix of abduction allegations and victim's marriage. (Para 2 , 3 , 4) |
| 2. submissions from both the applicant and state on quashing proceedings. (Para 7) |
| 3. court's discussion on inherent powers to quash based on the victim's affidavit. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 4. conclusion and court's decision to exercise powers to quash. (Para 25) |
JUDGMENT :
KSHITIJ SHAILENDRA, J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State-respondents.
2. This application under Section 528 BNSS has been preferred by the applicant with the prayer to quash the charge sheet dated 30.09.2024, cognizance order dated 08.04.2025 as well as entire proceedings of Criminal Case No121 of 2025 (State vs. Ashwani Anand) arising out of Case Crime No. 36 of 2024, under Sections 363, 366 IPC and Section 11/12 of Prevention of Children from Sexual Offence Act, 2012, P.S. Rajepur, District Farrukhababad.
FACTUAL MATRIX
3. Father of opposite party no. 4 lodged a First Information Report against the applicant stating that, on 23.04.2024, her daughter had been abducted by the applicant. The matter was investigated into by the police, consequent whereupon a charge
The court exercised its inherent powers to quash proceedings under the POCSO Act where the alleged victim retracted her statements and married the accused post-complaint.
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.
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....
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 court can quash POCSO proceedings if the circumstances indicate that continuing them would cause undue hardship, especially when the victim and accused have married.
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