Savvy Thakur
Published on: November 8, 2022 at 19:42 IST
The Uttarakhand High Court as of late dropped a criminal preliminary under the Protection of Children from Sexual Offenses Act, 2012, after taking note that the casualty had continued on throughout everyday life and didn’t mean to indict the denounced.
Although offenses under the POCSO Act and other IPC offenses complained of in the criminal matter are not compoundable under Section 320 of the CrPC, Justice Sharad Kumar Sharma’s single bench noted that both the applicant and the victim had solemnized independent marriages and were happily fulfilling their respective matrimonial obligations when they reached majority.
The Court noted that if the aforementioned sessions trial is allowed to continue, it will ultimately harm two family members.
“Since, both of them have married, and at this stage, when they have entered into the marriage, they are major, in that eventuality, their status on the date of commission of the offenses on 15.11.2020 has had to be overlooked, in order to maintain harmony among the family, with which each of the parties to the present C-482 application had been married,” the Court stated.
“They have entered into the marriage, and at this stage, when they have entered into the marriage, they are major.”
The Court went on to say:
“This Court is of the opinion that the continuation of the Special Session Trial No. 1 should be granted in accordance with its inherent powers under Sections 482 CrPC.”
In the end, “State vs. Anees,” No. 45 of 2020, would ruin the lives of two families, especially when the victim-respondent No.2, has stated in front of this Court that she does not intend to pursue the current applicant for further prosecution.”
As a result, the Court ordered the sessions trial to be cancelled and dismissed the compounding application.