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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
ASHISH NAITHANI
Mohan Kumar – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
ASHISH NAITHANI, J.
1. The present Criminal Miscellaneous Application under Section 482 of the Code of Criminal Procedure has been filed by the Applicant seeking quashing of the charge-sheet dated 14.03.2024 and the summoning order dated 03.04.2024 passed in Session Trial No. 16 of 2024, arising out of FIR No. 10 of 2024, registered at Police Station Kotwali, District Almora, for offences punishable under Section 376 of the Indian Penal Code and Sections 5(j)(ii) and 6 of the Protection of Children from Sexual Offences Act, 2012. The Applicant has also prayed for compounding of the offences on the basis of a compromise arrived at between the Applicant and Respondent No.2.
2. The State’s case, as borne out from the FIR and the material collected during investigation, is that Respondent No.2, a minor girl aged about 17 years, was taken to the hospital by her mother after she complained of abdominal pain, whereupon medical examination revealed that she was pregnant. On the basis of the said information, the FIR came to be lodged on 24.01.2024 alleging that the Applicant had subjected the prosecutrix to repeated sexual intercourse. During investigation, the date of birth of Res
Court cannot be a silent spectator to or turn its back on distressed family.
Point of law: Section 320 of Cr. P.C does not limit or control exercise of powers vested in Court under section 482 of Cr.P.C
Point of law: Section 320 of Cr. P.C does not limit or control exercise of powers vested in Court under section 482 of Cr.P.C.
The court established that while serious offences typically cannot be settled privately, the unique circumstances of marriage and children can justify quashing proceedings to protect family integrity....
Serious offences under the POCSO Act cannot be quashed based on compromise or victim's affidavit, reaffirming the need for societal protection.
The court emphasized the need for legislative amendments to address cases involving adolescents in relationships and the implications of the POCSO Act on such situations.
Ends of justice are higher than ends of mere law though justice has got to be administered in accordance with laws enacted by Legislature.
Serious offences under the PoCSO Act cannot be quashed based on victim's retraction, as they affect public interest and societal morals.
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