NASIR KHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present petition has been preferred by petitioner under Sec. 482 of the Code of Criminal Procedure, 1973 for quashment of FIR bearing Crime No.849/2019 registered at Police Station Bahodapur, District Gwalior for the offence punishable under Ss. 376(3), 376 (2i), 376 (2) (n) of IPC and Sec. 5(l) read with 6 of POCSO Act and other consequential proceedings pending in S.T. No.276/2021 before the Court of learned Special Judge, POCSO Act Gwalior.

(2.) At the outset, petitioner and respondent No. 2/prosecutrix appeared before this Court and expressed their desire to compound the case and settle the matter once and for all. Prosecutrix and petitioner/accused entered into wedlock and blessed with two children. For this purpose, they preferred I.A.No.8492/2024 and I.A. No.8493/2024 seeking permission of this Court to compound the offence.

(3.) From perusal of facts and circumstances of the case, it appears that FIR was registered on 27/11/2019 at the instance of prosecutrix for offence under Sec. 376 of IPC. On said complaint, case was registered. Incident was of the year 2019. The statement of prosecutrix under Sec. 161 of Cr.P.C. was recorded. In her statement, she specifically mentioned the fact that she and accused (petitioner) are in physical and emotional proximity and both liked each other and wanted to marry. Thereafter, statement under Sec. 164 of Cr.P.C. was recorded. Charge sheet was filed. Now petitioner and prosecutrix married to each other and prosecutrix is living in her household peacefully.