The Allahabad High Court has said that the high court should normally not interfere with the criminal proceeding involving sexual offence against women and children only on the basis of settlement, though it is not completely barred in exercising its inherent powers under section 482 of the CrPC to quash such proceedings in genuine cases.
The court further opined that in such cases, a holistic approach should be adopted considering the issue from a different perspective in order to identify the cases fit for compromise while also keeping in mind certain conditions.
Making these observations, Justice Arun Kumar Singh Deshwal quashed the criminal proceedings against the applicant, Fakre Alam, under rape and POCSO Act before the Bareilly district court on Wednesday.
“The case no. 294 of 2021, state Vs Fakre Alam arising out of case crime no. 330 of 2015 under section 376 (2N) of IPC and POCSO Act at police station Baradari of Bareilly district is hereby quashed,” the court added.
“Though the high court should normally not interfere with the criminal proceeding involving sexual offence against women and children only on the basis and ground of settlement, it is not completely foreclosed in exercising its extraordinary power under section 482 of CrPC to quash such proceeding,” the high court observed while allowing the petition filed by Fakre Alam under its inherent powers under section 482 of CrPC.
Fakre Alam had challenged the criminal proceedings pending against him in a Bareilly court on the ground that the victim in her statement before judicial magistrate had stated that she had willingly married the accused and victim’s mother lodged false rape case to extract Rs 5 lakh from her husband (applicant).
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