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ALOK KUMAR VERMA
Raju Singh – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT
Alok Kumar Verma, J. - The applicant-accused has invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 to quash the entire proceedings of Special Sessions Trial No.39 of 2020, 'State vs. Raju Singh', pending before the Court of FTC/Additional Sessions Judge/Special Judge (POCSO Act), Udham Singh Nagar.
2. Subsequent to submission of the charge sheet, learned Trial Court took cognizance and passed the summoning order against applicant-accused for the offence under Section 363 of the Indian Penal Code ( in short, 'IPC'), 376 IPC and Section 5/6 of the Protection of Children from Sexual Offences Act, 2012.
3. Heard Mr. B.N. Molakhi, learned counsel for the applicant, Mr. T.C. Agarwal, learned Deputy Advocate General assisted by Mr. Tumul K. Nainwal, learned Brief Holder for the State, Mr. Anurag Bisaria, learned counsel for the respondent no.3/Informant and Mr. Sanjeev Kumar, learned counsel for the respondent no.4/Victim.
4. The applicant - accused is present in-person before the Court and he is identified by Mr. B.N. Molakhi, Advocate. The respondent no.3 - informant and brother of the victim is present in-person before this C
The Court's inherent jurisdiction can be exercised to quash criminal proceedings when allowing the proceedings to continue would amount to denial of complete justice to the parties involved.
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Jurisdiction of local court upheld for offenses committed against a minor, despite actions occurring outside India.
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Private disputes resolution and filing of Compounding Application can be considered for quashing criminal proceedings under Section 482 of the Code of Criminal Procedure.
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