7 months ago
2
Quashing transgression proceedings nether the POCSO Act, the Allahabad High Court has observed that forcing a happily-married mates to look proceedings simply to grounds a hostile grounds would beryllium an "irony of fate" and an "instrument of harassment".
In the instant case, the accused antheral had joined the alleged unfortunate and the second had besides favoured the quashing of the FIR and denied the allegations levelled by her begetter portion lodging the report.
Justice Kshitij Shailendra allowed the plea of Ashwani Anand, observing that the tribunal cannot stay a "silent spectator" oregon "mere bystander" erstwhile the ends of justness request contiguous intervention.
In its bid dated November 21, the tribunal said the "pious duty" of a justice is to "wipe each teardrop from each eye" and that the intent of instrumentality is not to make problems for the society, but to find solutions.
"Compelling a woman successful specified matters to sojourn tribunal premises for months and years for the intent of getting her ain hubby acquitted, wherever helium is facing the menace of punishment for doing immoderate incorrect with his woman which she does not admit, would beryllium an instrumentality of harassment," the tribunal observed.
The woman's begetter got the FIR lodged, alleging that his girl was abducted by the petitioner successful April 2024.
After investigation, constabulary filed a chargesheet successful the case, though the "victim" had denied the allegations successful her connection earlier constabulary and stated that she had near her parents' location willingly.
