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HIGH COURT OF JUDICATURE AT ALLAHABAD
VIVEK KUMAR SINGH
Akash – Appellant
Versus
State Of U.P. – Respondent
| Table of Content |
|---|
| 1. background of the case including fir and marriage. (Para 3 , 4 , 5 , 6) |
| 2. defense arguments on victim's consent. (Para 8 , 10 , 11) |
| 3. analysis of evidence and legal principles. (Para 12 , 13 , 14 , 15 , 17 , 26) |
| 4. case law supporting the arguments made. (Para 18 , 19 , 20 , 21) |
| 5. final order quashing charges. (Para 27 , 28 , 29) |
JUDGMENT :
VIVEK KUMAR SINGH' J.
1. Counter affidavit filed today is taken on record.
2. Heard Sri Dharmendra Kumar Patel' learned counsel for the applicant' Sri Brij Kishore Singh' Advocate holding brief of Sri Chandra Prakash Pandey' learned counsel for first informant/ opposite party no.2 and Sri Prashant Kumar Singh' learned A.G.A. for the State.
3. Present application under Section 528 Bhartiya Nagrik Suraksha Sanhita (in short 'BNSS') has been filed seeking to quash the charge sheet no.225 of 2018 dated 13.09.2018 and cognizance/ summoning order dated 25.09.2019 as well as proceeding of Special Session Trial No.195 of 2019 (State Vs. Akash)' arising out of Case Crime No.207 of 2018' under Sections 363' 366 & 376 I.P.C. and Section 3/4 of POCSO Act' Police Station Rajpura' District Bheem Nagar (Sambhal)' pending in the court of learned Sp
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 ....
If a minor voluntarily leaves the guardianship and joins someone without inducement or pressure, no offence under Section 363 IPC is made out if the girl is aged more than 17 years and is mature enou....
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.
Rape – Consent of minor has no legal sanctity.
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.
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.
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