HANI SHARMA Vs. STATE OF M.P.

JUDGEMENT

(1.) This application under Sec. 482 of Cr.P.C. has been filed for quashment of Crime No.512/2019 registered by Police Station Kampoo, District Gwalior for offence under Ss. 354, 354(D), 506 of IPC and under Ss. 7/8, 11/12 of the POCSO Act as well as Criminal Trial No.SC177/2019, on the basis of compromise.

(2.) It is submitted by the counsel for applicant that respondent No.2 had lodged a report on 25/10/2019 that for the last two years the applicant is teasing her, used to stalk her and harass her but as she was afraid of him, therefore, she did not disclose it to anybody. When the harassment by the applicant crossed its limit, then she informed her parents also. They also tried to persuade the applicant but he did not improve. Thereafter, her parents got her admitted in Engineering College, Pune and at present she is residing there. On 22/10/2019, she has come to her house to celebrate Deewali. On 24/10/2019 she had gone to the house of her maternal uncle. When she was going to ATM in order to withdraw money, then the applicant caught hold of her hand and started misbehaving and when she shouted, then he ran away. While fleeing away, he also extended a threat that in case if she lodges a report, then he would kill her and also gave a threat that he will throw acid on her. The police after concluding the investigation filed the charge sheet and the applicant is facing trial in SC No.177/2019 which is pending in the Court of Special Judge, POCSO Act, Gwalior.

(3.) It appears that an application under Sec. 320(2) of Cr.P.C. was filed before the Trial Court but since the offences were non-compoundable, therefore, the said application was rejected.