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Abu Thalha (Law)     05 April 2015

Pocso act

A teacher of a school has been charged under Section 7 of the Protection of children against s*xual offences act.  Pending disposal of the case before the Mahila court where trial has not taken up, HC of Madras has been moved to quash the proceedings.  A petition signed both by the accused and the grandpa of the child (he is the complainant) has been filed in the said proceedings before the HC stating that the complaint was the outcome of a hurried up decision taken by the complainant and later it is found out that the child's version was not correct. Note the complainant is a Muslim and the accused a Hindu.  The school administration (Muslim admin) also finds the teacher of good behaviour and a inquiry committee found him innocent and cancelled the earlier suspension order made against him. anyone of you knows  a SC verdict that permits quashing of the lower court proceedings in similar circumstances, kindly advise.  Your comments will be much appreciated.



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 1 Replies

T. Kalaiselvan, Advocate (Advocate)     10 April 2015

The quash on a compromise will always be allowed except under some special circumstances.   This case appears to be a foisted one hence he high court may allow the petition.  For citations, you may browse internet in indiankanoon.org or any other relevant websites.


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