Allahabad High Court Says POCSO Act Cases Can't Be Quashed Based on Ground of Victim Entering Into a Compromise With the Accused
The single judge observed while dismissing a plea seeking to set aside the summoning and cognizance orders as well as seek a stay on criminal proceedings against the accused under Sections 376, 313 IPC and 3/4 of the POCSO Act.
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The Allahabad High Court recently said that under the POSCO Act 2012, regarded as a "Special Statute", offences cannot be dismissed solely based on a compromise between the accused and the prosecutrix-victim. The single judge observed while dismissing a plea seeking to set aside the summoning and cognizance orders as well as seek a stay on criminal proceedings against the accused under Sections 376, 313 IPC and 3/4 of the POCSO Act. "Once the consent of the minor prosecutrix is immaterial for registration of offence, then such consent shall still remain immaterial for all practical purposes at all the stages including for compromise. Merely because, the minor prosecutrix has later on agreed to enter into a compromise with the applicant, would not be sufficient to quash the proceedings [under the POCSO Act]," the court said. HC on Live-In Relationship: Allahabad High Court Dismisses Protection Plea, Says Live-In Relation of Married Muslim Woman With Another Man Is 'Haram' and 'Zina' As per Shariat.
HC on POCSO Case
POCSO Act Cases Can't Be Quashed On Ground Of Victim Entering Into A Compromise With Accused: Allahabad High Court | @ISparshUpadhyay #AllahabadHighCourt #POCSOAct https://t.co/DtXiSnsD7P
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(The above story first appeared on LatestLY on Apr 09, 2024 04:11 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).
