Application under Section 482 Cr.P.C. to quash POCSO and IPC charges dismissing prayer as no prima facie case for quash due to lack of evidence regarding victim's age despite claimed compromise.
Application for quashal of charge sheet and criminal proceedings refused and dismissed.
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Neutral Citation No. - 2023:AHC:175029
Court No. - 90
Case :- APPLICATION U/S 482 No. - 17995 of 2023
Applicant :- Amir Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pramod Kumar Shukla,P.K. Singh Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Pathak,J.
However, having considered the contradictory details qua age of the victim/prosecutrix/first informant, it would not be befitting to refer the matter before the trial court for the purposes of verification of the compromise.
Order Date :- 22.8.2023 Md Faisal
Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad
3 issues framed by the court
Whether the compromise between parties can be verified when there is no convincing evidence regarding the victim's age.
Whether a prima facie case exists to quash criminal proceedings under Section 482 Cr.P.C. in a POCSO charge sheet case involving marital compromise.
Whether the applicant can be at liberty to quash proceedings at a later stage if credible evidence of the victim's age emerges.
3 provisions across 3 enactments
Amir
State of U.P.
Other
Dinesh Pathak
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
