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Allahabad High Court
– Photo : Amar Ujala
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The Allahabad High Court has said that if the victim and the accused are leading a happy married life including four and a half year old son, then it is not proper to run a case against the husband on the charges of kidnapping and molesting a minor. The court said that if the husband is sentenced, it will not be in the interest of the society. The victim’s wife will have to suffer a lot and her future will be ruined.
Justice Manju Rani Chauhan has given this order while accepting the petition of Rajiv Kumar. After the case, both of them got married and are living together by compromise. The victim herself said that the FIR was lodged by her maternal uncle. Not appearing in the case. They are bent on ruining their married life. The court has quashed the entire proceedings of the criminal trial going on in the court of Additional District and Sessions Judge Baghpat against the petitioner citing the Gyan Singh case of the Supreme Court.
An FIR was lodged against the petitioner at Doghat police station in Baghpat. The court also took cognizance on 30 July 15 on the chargesheet of the police on 25 June 2015. The petitioner is accused of kidnapping and molesting a minor. The petitioner got married to the victim. There is also a child.
Living a happy life. The petitioner said that a settlement has been reached. The Supreme Court itself has accepted the right of compromise in the interest of society and justice in some cognizable and non-compoundable offenses and has said that the High Court can quash the case by using the inherent powers. The court has quashed the proceedings in view of the settlement between the victim and the accused and the victim’s statement of leading a happy life.
