PAYAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is a petition under Section 482 of the Code of Criminal Procedure, 1973 (for brevity 'The Code') for quashment of FIR bearing Crime No.224/2017 registered at Police Station - Raoti, District Ratlam against applicant No.2- Krishna @ Vikram for offence under Sections 363, 366, 376(2)(i)(n), 506 of IPC, 1860 read with Section 5/6 of Protection of Children from Sexual Offences Act, 2012 and the consequential proceedings of S.C. No.150/2017 pending before the Special Judge (POCSO Act), Ratlam.

(2.) Brief facts in nut shell are that on 23/09/2017, the parents of the prosecutrix went to Ratlam for purchasing some articles and the minor prosecutrix was alone in her house situated at village Ranisingh. At about 1.00 pm, accused Vikram S/o Nanda came to her house, enticed her on the pretext of marriage and took her to his village and kept her in a hut situated in the filed of Vikram, where he made sexual relationship with her. The matter was reported to the Police Station-Raoti, District Ratlam on the basis of which FIR bearing Crime No.224/2017 for offence under Sections 363, 366, 376(2)(i)(n) of IPC, 1860 read with Section 5/6 of Protection of Children from Sexual Offences Act, 2012 was registered and after completion of investigation, charge-sheet was filed. Thereafter, learned Special Judge took cognizance and the trial was proceeded against the applicant No.2.

(3.) Learned counsel for the applicants has submitted that the applicants were in love affair since some time and on 23/09/2017 they ran away from their respective homes fully intending to get married. On 04/10/2017 they were apprehended by Police and the applicant No.1 was handed over to the custody of her parents, whereas the applicant No.2 was arrested. It is further submitted that the applicant No.2/accused was released on bail and the applicant no.1/prosecutrix approached him for marrying her and to live with him as his wife. After due consideration the parents of the applicant No.1 also agreed to accept their relationship and allowed their marriage. On 07/01/2019 the applicants got married as per the Hindu rites and rituals and since then they are living at their matrimonial house at Ratlam. It is further submitted that both the parties have filed this petition under Section 482 for quashment of FIR as well as consequential proceedings pending before the Special Court, Ratlam on the basis of compromise. Reliance in this regard is placed on the decision of this Court in the case of Ajay vs. The State of Madhya Pradesh passed in M.Cr.C. No.11441/2018 in support of their contentions.