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  Supreme Court Quashes POCSO Proceedings in Light of Marital Settlement: A Case Analysis By Abhishek Jat, Advocate In a landmark judgment, the Supreme Court of India recently quashed criminal proceedings under the Protection of Children from Sexual Offences (POCSO) Act, 2012, and related provisions of the Indian Penal Code (IPC), in a case where the accused and the victim are now happily married. The Court emphasized that continuing the prosecution would serve no meaningful purpose and would only cause undue harassment to the parties involved and their children. The decision, delivered by a division bench comprising Justices Abhay S. Oka and Ujjal Bhuyan, underscores the importance of judicial discretion in balancing legal rigor with humanitarian considerations. Background of the Case The case originated from a First Information Report (FIR) registered on September 18, 2016, under Sections 354A (sexual harassment), 363 (kidnapping), 366 (kidnapping or inducing a woman to com...

  Delhi High Court Reaffirms: Alternative Remedy Not an Absolute Bar to Filing a Writ Petition By Abhishek Jat, Advocate   In a landmark judgment, the Delhi High Court has reiterated that the availability of an alternative remedy does not act as an absolute bar to filing a writ petition under  Article 226 of the Constitution of India . The court emphasized that the writ jurisdiction of the High Court is discretionary and can be exercised even when statutory remedies are available, depending on the facts and circumstances of the case. This ruling has significant implications for employees challenging termination or dismissal orders, particularly in the context of educational institutions governed by the  Delhi School Education Act, 1973  and the  Delhi School Education Rules, 1973 . Case Background The case revolved around  Harshpal Singh Negi , a Physical Education Teacher (PET) at  St. Mary’s School, Safdarjung Enclave , who was terminat...

  Supreme Court Clarifies Sentencing Under POCSO Act and IPC: Higher Punishment Prevails By Abhishek Jat, Advocate   In a significant ruling, the Supreme Court of India has clarified the interplay between the  Protection of Children from Sexual Offences (POCSO) Act, 2012 , and the  Indian Penal Code (IPC)  in cases where an offender is convicted under both statutes. The Court held that when an act constitutes an offence under both laws, the offender must be sentenced under the provision that prescribes the  higher degree of punishment . This decision reinforces the principle that  Section 42 of the POCSO Act  mandates the imposition of the more severe penalty, whether under the POCSO Act or the IPC. Background of the Case The case involved an appellant who was convicted for sexually assaulting his minor daughter. The trial court found him guilty under  Sections 376(2)(f)  and  376(2)(i)  of the IPC, which deal with rap...

  Permissibility of Filing a Counter-Claim at a Belated Stage in Civil Suits: A Legal Analysis Author: Abhishek Jat, Advocate Introduction In the realm of civil litigation, the procedural rules governing the filing of counter-claims are pivotal in ensuring a fair and efficient adjudication process. The recent judgment by the Bombay High Court in  Vijaymala Siding Doijad v. The State of Maharashtra & Ors.  (Writ Petition No. 164 of 2015) sheds light on the critical issue of whether a counter-claim, which sets up a completely new case, can be permitted at the fag end of a suit. This article delves into the legal principles and judicial reasoning that underpin the court's decision to reject the belated counter-claim in this case. Legal Context The petition was filed under  Article 227 of the Constitution of India , which empowers High Courts to exercise supervisory jurisdiction over subordinate courts. The petitioner challenged the legality and correctness...