LAWS(P&H)-2020-7-121

ADARSH Vs. STATE OF HARYANA

Decided On July 21, 2020
Adarsh Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) The petitioner is the accused in FIR No. 114 dated 05.06.2019 on the file of Police Station Dhauj, District Faridabad, registered under Sections 363, 366-A IPC. Thereafter, Section 6 of the Protection of Children from Sexual Offences Act, 2012 (for short 'the POCSO Act') was also added. By way of this petition filed under Section 482 Cr.P.C, he seeks quashing of the FIR on the ground that a compromise was arrived at by and between the parties on 18.3.2020.

(2.) The petitioner and the victim, the third respondent herein, were both minors at the relevant time. They were known to each other and participated in various Scouts and NCC programmes. The third respondent was stated to have left with the petitioner on 3.6.2019. Her mother, the second respondent, lodged the complaint, which led to registration of the FIR, alleging that her daughter eloped with the petitioner. It appears that the parties thereafter settled the matter amicably and a written compromise was recorded on 18.3.2020 (Annexure P-4). The mother and daughter, respondents No.2 and 3, stated therein that they did not wish to proceed with the criminal case registered against the petitioner.

(3.) As the petitioner and the third respondent are still in the first blush of youth and the impact of these criminal proceedings would cast a long shadow on their futures, this Court was inclined to accept the compromise. An order was accordingly passed on 25.6.2020 requiring the parties to appear before the learned Sessions Judge, Faridabad, so that their statements could be recorded to obviate any possibility of retraction at a later date.