MD. AKBAR KHAN Vs. STATE OF MANIPUR

JUDGEMENT

(1.) This petition has been filed by the petitioner under sec. 482 of Cr.P.C. seeking to quash the FIR Case No. 278(12) 2018 on the file of the SJM Police Station under Sec. 366/368 IPC and Sec. 4 of POCSO Act, 2012 and its charge sheet dtd. 27/5/2019 filed before the Special Court (POCSO), Imphal West.

(2.) The facts giving rise to the filling of the instant petition are that a suo motu FIR was registered on the report dtd. 27/12/2018 lodged by one L.Premkumar Singh, working as Assistant Sub Inspector of Singjamei Police Station without any formal private complaint or report of the victim or her family members or her relatives except a missing report dtd. 25/12/2018 submitted by one Thokchom Premlata Devi on 24/12/2018 to the Office-in-charge of Singjamei Police Station to the effect that her niece "X" has been found missing since 24/12/2018.

(3.) According to the petitioner, the said suo motu FIR relates to the elopement on mutual consent between the petitioner and the alleged victim. It is alleged that before registration of the said suo motu FIR, the matter of elopement between the victim and the petitioner was settled on compromise on execution of a deed of agreement dtd. 25/12/2018 between the victim represented by her aunty Thokchom Premlata Devi, who is the informant of the missing report and the petitioner himself with certain terms and conditions. Since the matter of elopement was settled on compromise vide agreement dtd. 25/12/2018, anybody including the alleged victim, her parents and relatives have never approached the police of Singjamei Police Station to register any case against the petitioner as in the said deed of agreement both sides have agreed to solemnize the marriage between the victim and the petitioner.