BITTU RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant petition, under Sec. 482 of the Code of Criminal Procedure (hereinafter to be called as "the Code"), has been maintained by the petitioner for quashing of F.I.R No.88/2016 dtd. 13/5/2016, under Ss. 376 (2) (N) and 506 of the Indian Penal Code (hereinafter to be called as "IPC"), Sec. 4 of the Protection of Children From Sexual Offences Act, 2012 and Sec. 3 (12) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities), Act, 1989, registered at Police Station, Nalagarh, District Solan, H.P., alongwith all consequent proceedings arising out of the said F.I.R., pending before the learned trial Court.

(2.) Briefly stating the facts giving rise to the present petition, as per the prosecution story, are that respondent No.2 made a complaint to the police alleging therein that on 13/5/2016, around 8:45 a.m, when she went to Nalagarh College, for appearing B. Com 2nd Year Semester, where the petitioner met her and denied for appearing in the exam and told that her brother has been kidnapped. When respondent No.2, came out from College alongwith his motorcycle towards Kirpalpur, where the petitioner tried to rape her and also threatened her. As a sequel to the statement of respondent No.2, police registered an FIR against the petitioner. Now, respondent No.2 entered into a compromise, on the basis of compromise deed, dtd. 18/3/2021 (Annexure P-5), stating therein that she does not want to pursue the case against the petitioner. However, respondent No.2 has attained majority, aged 24 years and having one son about two years old and they are living happily. Hence, the present petition.

(3.) Learned counsel for the petitioner has argued that as the parties have compromised the matter, no purpose will be served by keeping the proceedings against the petitioner and the FIR/Challan, may be quashed and set aside.