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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
VIVEK KUMAR SINGH
Wasiullah – Appellant
Versus
State Of U.P. – Respondent
JUDGMENT :
VIVEK KUMAR SINGH, J.
1. Heard Shri Vikas Yadav, learned counsel for the applicants, Shri Ranu, learned counsel appearing for the opposite party no.2 as well as the learned AGA for the State of U.P.
2. Present application under Section 528 BNSS has been preferred by the applicants seeking quashing of the entire proceedings of Sessions Trial No.187 of 2017 (State vs. Wasiullah and Others), arising out of Case Crime No.64 of 2017, under sections 363, 366, 504, 506 of the Indian Penal Code, 1860 (in short 'IPC)' and Section 7/8 of The Protection of Children from Sexual Offences Act, 2012 (in short 'POCSO Act') against the applicant no.1 and under Sections 504 and 506 IPC against the applicant nos.2 & 3, Police Station Bakhira, District Sant Kabir Nagar as well as impugned Chargesheet dated 16.03.2017 and Cognizance/Summoning order dated 23.03.2017, pending in the court of learned Special Court, POCSO Act, District-Sant Kabir Nagar.
3. The brief facts of the case are that the opposite party no.2/first informant lodged a first information report against the applicants on 19.01.2017 in respect of the alleged incident dated 30.12.2016. The first information report was registered as
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The court can quash proceedings under the POCSO Act based on genuine settlements, especially when the accused and victim are married, to prevent injustice and promote family harmony.
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