Bench dismissed Section 482 CrPC application challenging POCSO Act proceedings. Proponent argued compromise barred under Apex Court precedent. Assistant G.A. noted compromise invalid; application dismissed.
Application dismissed accordingly.
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.
Court No. - 66
Case :- APPLICATION U/S 482 No. - 17304 of 2022
Applicant :- Saurabh Rajak And 3 Others Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Piyush Kumar Shukla Counsel for Opposite Party :- G.A.,Mahesh Kumar Kuntal
Hon'ble Rajeev Misra,J.
aforesaid premise, learned A.G.A. submits that compromise so entered into by the parties is manifestly illegal and is therefore, cannot be relied upon for quashing the proceedings of aforementioned special sessions case number
Order Date :- 10.1.2023 YK
Digitally signed by :- YASHWANT KUMAR High Court of Judicature at Allahabad
3 issues framed by the court
Whether compromise entered into under POCSO Act proceedings is legally valid and viable for quashing criminal charges.
Whether the crimitrial court can quash proceedings under Sections 376, 377, 387, 504, 506 IPC, Section 66E IT Act and POCSO Act based on such compromise.
Whether the validity of the compromise itself is a valid ground to oppose the quashing application.
Colour shows how this judgement treated each authority
State of Kerela Vs. Hafsal Rahman N. K.Explained¶7
State of Kerela Vs. Hafsal Rahman N. K. SLP (Criminal) Diary No.(s) 24362 of 2021
3 provisions across 3 enactments
Saurabh Rajak
State of U.P.
Rajeev Misra
Yashwant Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
