Need A Legal Advice<\/strong><\/h3>\n\n\n\nThe internet is not a lawyer and neither are you. Talk to a real lawyer about your legal issue<\/p>\n\n\n\n
\nTalk to a Lawyer<\/a><\/div>\n<\/div>\n<\/div>![\"\"](\"data:image\/svg+xml;base64,PHN2ZyB3aWR0aD0iMSIgaGVpZ2h0PSIxIiB4bWxucz0iaHR0cDovL3d3dy53My5vcmcvMjAwMC9zdmciPjwvc3ZnPg==\")
<\/a><\/figure><\/div>\n\n\n\n<\/div>\n\n\n\nHowever, while the aforesaid criminal case was pending, the applicants and opposite party no.2 have settled their dispute amicably and it was further argued that the victim and accused were happily married as husband and wife.<\/p>\n\n\n\n
Court has stated that the victim was a child<\/strong> on the occurrence of the incident hence, the crime has definitely occurred. Therefore, the court says that compromise between the victim and accused is impermissible in the law.<\/strong><\/p>\n\n\n\nCan Proceedings be Quashed?<\/h3>\n\n\n\n
State (NCT of Delhi) v. Rathish Babu Unnikrishnan, it is stated that “the Court must be slow to dismiss a claim at a pre-trial stage, where a factual dispute remains within an area of possibility especially due to a legal assumption, as in this matter.<\/p>\n\n\n\n
In the landmark case of Om Prakash V. State of U.P. & Anr., <\/strong>it was held that criminal trials u\/s 367 I.P.C. and u\/s \u00be POCSO Act cannot be quashed on the basis of any agreement entered between the present accused and the victim. <\/p>\n\n\n\nSupreme Court Observations<\/h3>\n\n\n\n
Court says whenever a clear case is made out for the alleged offence criminal proceedings cannot be quashed merely on the ground that \u201cno useful purpose will be served by prolonging the case.\u201d <\/p>\n\n\n\n
The same has been held in the case of \u201cSatish Kumar Jatav V. State of U.P.\u201d<\/strong><\/p>\n\n\n\nApex Court through landmark case of \u201cNarinder Singh & Ors. V. State of Punjab and Anr.\u201d <\/strong>explained that offence reported under u\/s 376 I.P.C., though committed in respect of a particular woman, cannot be defined as a private dispute between the parties as it is the crime against the state.
Lead India<\/a> has a team of expert lawyers who can guide you very well about the consequences of applicability of POCSO or section 376 IPC and you can talk to lawyers<\/strong> of Lead India for the expert legal advice<\/strong>.<\/p>\n","protected":false},"excerpt":{"rendered":"Rape and POCSO cannot be quashed on the basis of any compromise entered into by the Parties and any such arrangement is illegal. It has been observed by the Allahabad High Court that it is not legally permissible to quash the rape and Protection of Children from Sexual Offences (POCSO) Act on the ground that …<\/p>\n
![\"\"](\"https:\/\/www.leadindia.law\/blog\/en\/wp-content\/uploads\/2022\/09\/talk-to-lawyer-black-logo.png\"){kind=logo}
<\/a><\/figure><\/div>\n\n\n\nHowever, while the aforesaid criminal case was pending, the applicants and opposite party no.2 have settled their dispute amicably and it was further argued that the victim and accused were happily married as husband and wife.<\/p>\n\n\n\n
Court has stated that the victim was a child<\/strong> on the occurrence of the incident hence, the crime has definitely occurred. Therefore, the court says that compromise between the victim and accused is impermissible in the law.<\/strong><\/p>\n\n\n\n State (NCT of Delhi) v. Rathish Babu Unnikrishnan, it is stated that “the Court must be slow to dismiss a claim at a pre-trial stage, where a factual dispute remains within an area of possibility especially due to a legal assumption, as in this matter.<\/p>\n\n\n\n In the landmark case of Om Prakash V. State of U.P. & Anr., <\/strong>it was held that criminal trials u\/s 367 I.P.C. and u\/s \u00be POCSO Act cannot be quashed on the basis of any agreement entered between the present accused and the victim. <\/p>\n\n\n\n Court says whenever a clear case is made out for the alleged offence criminal proceedings cannot be quashed merely on the ground that \u201cno useful purpose will be served by prolonging the case.\u201d <\/p>\n\n\n\n The same has been held in the case of \u201cSatish Kumar Jatav V. State of U.P.\u201d<\/strong><\/p>\n\n\n\n Apex Court through landmark case of \u201cNarinder Singh & Ors. V. State of Punjab and Anr.\u201d <\/strong>explained that offence reported under u\/s 376 I.P.C., though committed in respect of a particular woman, cannot be defined as a private dispute between the parties as it is the crime against the state. Rape and POCSO cannot be quashed on the basis of any compromise entered into by the Parties and any such arrangement is illegal. It has been observed by the Allahabad High Court that it is not legally permissible to quash the rape and Protection of Children from Sexual Offences (POCSO) Act on the ground that …<\/p>\nCan Proceedings be Quashed?<\/h3>\n\n\n\n
Supreme Court Observations<\/h3>\n\n\n\n
Lead India<\/a> has a team of expert lawyers who can guide you very well about the consequences of applicability of POCSO or section 376 IPC and you can talk to lawyers<\/strong> of Lead India for the expert legal advice<\/strong>.<\/p>\n","protected":false},"excerpt":{"rendered":"