ANAND MISHRA Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) This petition has been filed under Section 482 of the Code of Criminal Procedure seeking for quashing of FIR No. 70 dated 9.5.2015 (Annexure P/1) registered under Sections 363, 366-A IPC (Section 376 IPC and Section 6 of the Protection of Children from Sexual Offences Act added later on) at Police Station Daba, District Ludhiana, and all subsequent proceedings arising therefrom.

(2.) In brief, the facts are that the aforesaid FIR came to be registered by the complainant Shiv Nayak, stating that he has two children, one of whom, the prosecutrix, was pursuing her studies in PMT Coaching from Akash Coaching Centre situated near P.U., Ludhiana. On 28.4.2015 at about 7.30 a.m., she went to her coaching institute, but did not return thereafter. He searched for her at his own level and came to know that Anand Mishra, the petitioner herein, who is student of RGCSM Computer Centre had taken her away on the pretext of marrying her. On the statement so made, the matter was investigated and the petitioner herein was arrested near Apollo Hospital, Ludhiana and the victim was recovered from him on 11.5.2015. On 12.5.2015, both the petitioner and the prosecutrix were medically examined and the petitioner herein was arrested. Thereafter, challan was presented under Sections 376, 363 and 366-A IPC and Section 6 of the Protection of Children from Sexual Offences Act.

(3.) Learned counsel for the petitioner submits that the matter has been compromised between the complainant and the petitioner herein, as no incident, as alleged, had ever taken place. In fact, the compromise has been entered into between the parties in which it has clearly been stated by the complainant and his daughter that they have no objection in case the FIR is quashed. The parties have also got their statements recorded before the Additional Sessions Judge, Ludhiana, affirming the contents of the compromise arrived at between the parties. It is further argued that initially the FIR was registered under Sections 363 and 366-A IPC only and Section 376 IPC and Section 6 of the Protection of Children from Sexual Offences Act were added later on under the pressure of the parents, as such, no offence under Section 376 IPC and Section 6 of the Protection of Children from Sexual Offences Act are made out.