JATINDER Vs. STATE OF U.T.

JUDGEMENT

(1.) Petitioner has filed this petition under Sec. 482 Cr.P.C for quashing of FIR No.172 dtd. 14/6/2019 (Annexure P-1) registered under Ss. 376(3), 376(2)(N) and 376(2)(I) IPC, 1860 and Sec. 6 POSCO Act, 2012 at Police Station Sector 39, Chandigarh and subsequent proceedings arising therefrom on the basis of compromise dtd. 22/4/2021 (Annexure P-2).

(2.) The present FIR was registered on the statement of Neha d/o Vijay Kumar, aged 13 years, who stated that her cousin brother (Jitender) was residing at their home, who kept bad eye on her and in the month of April, he raped her, when her parents were sleeping in the adjoining room. Since then, she was raped number of times and was threatened by her cousin, who asked her not to tell this incident to anyone. On 10/6/2019, due to pain in her abdomen, she was taken to hospital by her parents and on examination, she was found to be carrying 13 weeks old pregnancy. When she was inquired about this pregnancy, she took the name of Pankaj Kumar s\o Ashok Kumar, as she was scared. But actually, her cousin Jitender was responsible for her pregnancy. On these broad allegations, the present FIR has been registered.

(3.) Learned counsel for the petitioner refers to Annexure P-2 to contend that the compromise has been arrived at between the parties with the intervention of the respectables and the dispute has been amicably settled. According to him, the prosecution of the petitioner would be a futile exercise and prays for quashing of FIR.