CJI UU Lalit explains a counsel that in a criminal case, a plea cannot be filed by an unaffected party
Tries to give examples of a few cases
Counsel: So what ?
CJI: So what ? Okay. (Smiles) ruffles through the files
[This is what restraint is. Read it again] #SupremeCourt
CJi: This plea filed under Article 32 states in an incident of January 6, 2022, modesty of a 15 year old girl was outraged which led to FIR by father of girl. Concerned accused was never arrested
CJI: A compromise allegedly executed between girls family and accused became basis for filing Petition under section 482 crpc to quash FIR. HC going by the compromise allowed the plea and quashed proceeding.
CJI: Order passed by HC there was opposition on part of public prosecutor and HC relied on Gyan Singh Anand decision where in 2012 SC held even in non compoundable offences court can quash FIR based on compromise
CJI: This petition submits that an offence which was otherwise punishable under IPC and POCSO and against society, non compoundable, was allowed to be quashed as a result of HC order
CJI: It was further submitted that State of Rajasthan guarding interest of people living in state has decided not to appeal against HC order. Thus Article 32 plea filed before us
CJI: Apart from the issues touching merits of matter on whether 482 power was correctly excercised, the plea raises questions on locus of petitioner to pray for reliefs. Since original accused is not a party. Let accused and father of girl be made party. Issue notice.
CJI: List on October 31, 2022. We request Sr Adv R Basant to assist court as amicus curiae in this case looking at the importance of the matter. He shall be assisted by an AoR of his choice
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