POCSO--Quashing--Subsisting Marriage, Birth of Child, and Voluntary Cohabitation -- Continuation of Proceedings Would Amount to Undue Harassment--FIR Quashed
Continuation of criminal prosecution under POCSO Act against a party to a subsisting marriage, where the couple is living happily with a child, amounts to undue harassment and warrants exercise of inherent powers of quashment. Interest of justice, particularly the welfare of the victim and infant, is a relevant consideration while deciding such applications.
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