ISHTIYAK ALI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By way of present application, moved under Section 482 of Cr.P.C. the applicant seeks to quash the charge sheet dated 27.02.2018, cognizance order dated 12.03.2018 and entire proceedings of Special Sessions Trial No. 319 of 2018 pending before FTC/Additional Sessions Judge/Special Judge (POCSO), Udham Singh Nagar, State v. Ishtiyak Ali alias Ishtkaar, under Sections 363, 366 & 376 IPC and Section 5/6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO) & Section 3(1)(xii) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 in terms of compromise arrived between the parties.

(2.) The parties have filed a Compounding Application no. 11036 of 2018 to show that the parties have buried their differences and have settled their disputes amicably.

(3.) Notices were issued to informant Chaman Singh (informant) but despite personal service he did not turn up before this Court. The applicant and the respondent no. 3 has solemnized marriage as per Muslims rites on 27.10.2018. The marriage Certificate is on record. At the time of marriage respondent no. 3 was more than 17 years 11 months. Today both applicant and respondent no. 3 are present and stated that both are living as husband and wife. There is no dispute between them. Apart from that as per FIR, there is no allegation regarding Section 376 IPC and Section 3(1)(xii) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.