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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
VIVEK KUMAR SINGH
Wasiullah – Appellant
Versus
State Of U.P. – Respondent
| Table of Content |
|---|
| 1. introduction of parties and application filed. (Para 1 , 2) |
| 2. facts of the case including fir and statements. (Para 3 , 4 , 5) |
| 3. arguments on behalf of the applicants and settlement. (Para 6 , 7 , 8) |
| 4. position of the opposite party and state. (Para 9 , 10) |
| 5. court's reasoning on quashing the proceedings. (Para 12 , 13 , 14) |
| 6. supreme court judgments affirming quashing of similar cases. (Para 15 , 19) |
| 7. final order quashing the proceedings. (Para 22 , 23 , 24) |
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,
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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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