G.S.AHLUWALIA
Hani Sharma – Appellant
Versus
State of M. P. – Respondent
ORDER
1. This application under section 482 of Cr.P.C. has been filed for quashment of Crime No.512/2019 registered by Police Station Kampoo, District Gwalior for offence under sections 354, 354D, 506 of IPC and under sections 7/8, 11/12 of the POCSO Act as well as Criminal Trial No.SC177/2019, on the basis of compromise.
2. It is submitted by the counsel for applicant that respondent No.2 had lodged a report on 25.10.2019 that for the last two years the applicant is teasing her, used to stalk her and harass her but as she was afraid of him, therefore, she did not disclose it to anybody. When the harassment by the applicant crossed its limit, then she informed her parents also. They also tried to persuade the applicant but he did not improve. Thereafter, her parents got her admitted in Engineering College, Pune and at present she is residing there. On 22.10.2019, she has come to her house to celebrate Deewali. On 24.10.2019 she had gone to the house of her maternal uncle. When she was going to ATM in order to withdraw money, then the applicant caught hold of her hand and started misbehaving and when she shouted, then he ran away. While fleeing away, he also extended a threat that in
FIR was initially registered under Sections 323/354(D)/498A/509/506/34 IPC and it was only when all three victims were examined and their statements were recorded under Sections 161 and 164 Cr.P.C. t....
Vague allegations without supportive evidence do not sustain charges under IPC; a girlfriend is not a relative under Section 498A IPC.
The main legal point established is that the power to quash criminal proceedings should be sparingly exercised and only in rare cases where the allegations are absurd or do not disclose a cognizable ....
A woman cannot be alleged to have committed offence under Section 354D IPC.
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