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We want to take the case back (accused booked under pocso act)
11-Sep-2023 (In Criminal Law)
Hi,
My 13 year old niece has accused her own father of sexual harassment. And her mother is the complainant. The father is booked under pocso act.
Now the mother wants to take the case back.
Could you please guide us what is the procedure for taking this case back or quashing it.
Many Thanks
as it is a non cognizable case you cannot withdraw and only option you have is to quash the case by approaching High Court on compromise but it is difficult to quash it depends upon the complaint and charge sheet
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Adv. Arshad Ahmed
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Can a Pocso case be quashed in high court?
NEW DELHI - The Delhi High Court has dismissed a case under the Protection of Children from Sexual Offences Act (Pocso) following a settlement reached between the parties involved. It noted that the people involved were both young, and the FIR had been filed due to a misunderstanding. 26-Sept-2023
What is the Supreme Court judgment on Pocso cases?
The Supreme Court has stated that the state has an obligation to provide support persons to child victims of sexual crimes in accordance with the Protection of Children from Sexual Offences Act 2023. This cannot be optional. 14-Oct-2023
Can a Pocso case be withdrawn?
Pocso is a non-compoundable offense, and its very hard to cancel a case. Now, courts are reluctant to dismiss proceedings for non-compoundable offenses. Pocso treats henious crimes. The best thing to do is to have the complainant come to the trial court and narrate either the truth or the hostile version.
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