Under Section 482 Cr.P.C., the court quashed the charge sheet and trial proceedings after finding that the applicant and victim were married, enjoying matrimonial life, and the victim did not support the prosecution.
The charge sheet no.321 of 2018 and entire proceedings of Special Sessions Trial No.191 of 2018 were quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC-LKO:47320
Court No. - 12
Case :- APPLICATION U/S 482 No. - 6666 of 2022
Applicant :- Phool Chandra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Applicant :- Santosh Kumar Singh Counsel for Opposite Party :- G.A.,Mohd. Ateeq Khan
Hon'ble Rajeev Singh,J.
matrimonial life.
Order Date :- 19.7.2023 Amit/-
Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench
3 issues framed by the court
Whether the proceedings under IPC and POCSO in a case involving registered marriage and lack of victim support should be quashed.
Whether quashing the charge sheet and trial proceedings is in the interest of justice given the matrimonial relationship.
Whether a criminal case filed due to family annoyance and unavailable victim requires indulgence of the Court.
3 provisions across 3 enactments
Phool Chandra
State Of U.P. Thru. Prin. Secy. Home Lko.
Rajeev Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
