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1 - 8 of 8 (0.36 seconds)Section 2 in The Protection of Children from Sexual Offences Act, 2012 [Entire Act]
Section 366 in The Indian Penal Code, 1860 [Entire Act]
Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]
Sabari @ Sabarinathan @ Sabarivasan vs The Inspector Of Police on 9 January, 2019
7.In this regard, it is relevant to refer the judgment of the learned
Single Judge of this Court, in Sabari v. Inspector of Police reported in
2019 (3) MLJ Crl 110, wherein the learned single Judge had discussed in
detail about the cases in which persons of the age group of 16 to 18 years
are involved in love affairs and how in some cases ultimately end up in a
criminal case booked for an offence under the POSCO Act. The relevant
portions of the judgment are extracted hereunder for proper appreciation:-
Section 6 in The Protection of Children from Sexual Offences Act, 2012 [Entire Act]
The Code of Criminal Procedure, 1973
The State Of Madhya Pradesh vs Dhruv Gurjar on 22 February, 2019
10.The main issue that requires the consideration of this Court is as
to whether this Court can quash the criminal proceedings involving non-
compoundable offences pending against the petitioner. The Hon'ble
Supreme Court in the case of Parbathbhai Aahir @ Parbathbhai Vs.
State of Gujrath, reported in 2017 9 SCC 641 and in case of The State of
Madhya Pradesh Vs. Dhruv Gurjar and Another reported in (2019) 2
MLJ Crl 10, has given sufficient guidelines that must be taken into
consideration by this Court while exercising its jurisdiction under Section
Page No.8 of 12
https://www.mhc.tn.gov.in/judis
CRL.O.P.No.9691 of 2022
482 of Cr.P.C, to quash non-compoundable offences. One very important
test that has been laid down is that the Court must necessarily examine if
the crime in question is purely individual in nature or a crime against the
society with overriding public interest. The Hon'ble Supreme Court has
held that offences against the society with overriding public interest even if
it gets settled between the parties, cannot be quashed by this Court.
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