Protection of Children from Sexual Offences Act, 2012, Sections 3/4—Bhartiya Nagrik Suraksha Sanhita 2023, Section 180, Section 183—Bharatiya Nyaya Sanhita (BNS)—137(2), 65(1)—Bail Granted in POCSO Case Despite Age Discrepancy and Lack of Medical Evidence—The Allahabad High Court granted bail to the applicant Karan @ Sandeep, charged under Sections 137(2), 65(1) of the Bharatiya Nyaya Sanhita (BNS), and Sections 3/4 of the POCSO Act—The prosecution alleged that the applicant enticed away a minor girl (aged 17 as per ossification test) and sexually assaulted her—However, the victim initially did not support the prosecution version under Section 180 BNSS and alleged rape only later under Section 183 BNSS, which the Court observed might have been after legal consultation. The FIR was del...

Quashed. (A) Bhartiya Nagarik Suraksha Sanhita, 2023, Section 528— Negotiable Instruments Act, 1881, Section 138—Quashing petition—Upon compromise—This matter was sent to mediation centre of this Court vide order dated 09.08.2023 and in pursuance of said order, both the parties have participated in mediation proceedings which was culminated into successful mediation and the parties have executed an agreement dated 12.01.2024—Copy of the same is available on record along with report of mediation—As per the settlement agreement dated 12.01.2024 executed in mediation centre, both the parties have decided to withdraw the case against each other—Considering the material on record, Court found that no serious offence is made out against the applicants, which falls in the category of mental depra...

Not quashed. Negotiable Instruments Act, 1881, Section 138—Territorial jurisdiction of trial court—Vide the Impugned order, Revision court had Remanded to trial court—Impugned order upheld—Petition dismissed. (Paras 16,17) Result :- Petition dismissed. ...

Maintenance. Mutual consent divorce. (A) Family Courts Act, 1984, Section 19(4)—Criminal revision petition by husband, to impugn relief of Maintenance—As per the settlement agreement dated 05.03.2025 executed in mediation centre, both the parties have decided to withdraw the case against each other—counsel for the revisionist thus submits that since both the parties have entered into compromise and settled their dispute amicably which was also reduced in writing, the aforesaid case may be disposed of. (Paras 2, 3, 5) (B) Family Courts Act, 1984, Section 19(4)—Criminal revision petition by husband, to quash criminal trial—merely mentioning the section of serious offences will not refrain the court from quashing the proceeding, if on considering the material on record, offences under that section is ...

Quashed. Criminal Procedure Code, Section 125—Hindu Marriage Act, 1955, Section 13 B—Revision petition by wife, to impugn dismissal of her petition for maintenance—Learned counsel for the applicants thus submits that since both the parties have entered into compromise and settled their dispute amicably which was also reduced in writing, the aforesaid case may be quashed— it is clear that merely mentioning the section of serious offences will not refrain the court from quashing the proceeding, if on considering the material on record, offences under that section is not made out—Quashing done. (Paras 6, 10) Result :- Revision petition allowed. ...

Criminal Procedure Code, 1973—Section 190(1)(b)—Scope of Magistrate’s Power—A Magistrate taking cognizance of an offence on the basis of a police report under Section 190(1)(b) CrPC is not bound by the Investigating Officer’s (IO’s) opinion or the specific sections cited in the charge-sheet—The Magistrate must independently examine the material submitted with the police report and may take cognizance of any offence disclosed therein against any person indicated, including those not formally charge-sheeted or mentioned under different sections—The Magistrate’s jurisdiction is to ensure that cognizance is taken wherever prima facie material exists, irrespective of the IO’s selective framing of charges. ...

Civil Procedure Code, 1908—Section 100—Second Appeal—Scope—Under Section 100 of the Civil Procedure Code, the jurisdiction of the High Court in a second appeal is confined to substantial questions of law—Concurrent findings of fact recorded by both the trial court and the first appellate court are ordinarily binding and cannot be disturbed in second appeal unless it is demonstrated that such findings are perverse, based on no evidence, or are contrary to settled principles of law—Mere re-appreciation of evidence is impermissible at the stage of second appeal. ...

U.P. Regularization Rules—Regularization—Continuous Service—Under the U.P. Regularization Rules, a claim for regularization requires proof of continuous service as per the criteria prescribed—Where there are long or repeated breaks in service, such employment cannot be treated as continuous unless the breaks are shown to be artificial or deliberately caused by the employer—In the absence of such proof, the existence of substantial breaks in service disqualifies the employee from being considered for regularization. ...

Constitution of India, 1950—Articles 14, 15 and 16—Compassionate Appointment & Discrimination—A policy that excludes married daughters from consideration for compassionate appointment, while permitting married sons to be eligible, amounts to unconstitutional discrimination solely on the basis of sex and marital status—Such exclusion violates the fundamental rights guaranteed under Articles 14 (equality before law), 15 (prohibition of discrimination), and 16 (equality of opportunity in public employment) of the Constitution—The marital status of a daughter cannot be a valid ground to deny her equal treatment in matters of compassionate appointment. ...

Quashed. Criminal Procedure Code, Section 482—Quashing petition by both parties—Matrimonial offence—Compromise between parties—Merely mentioning the section of serious offences will not refrain the court from quashing the proceeding, if on considering the material on record, offences under that section is not made out—Considering the material on record, this Court finds that no serious offence is made out against the applicant, which falls in the category of mental depravity or serious offences. (Paras 11,12) Result :- present application is allowed. ...