MANISH KUMAR Vs. STATE OF H. P.

JUDGEMENT

(1.) The instant petition, under Sec. 482 of the Code of Criminal Procedure (hereinafter referred to as 'Cr.PC'), has been filed by petitioner Manish Kumar, on the basis of compromise arrived at between him and respondent No. 2 Preeti, for quashing of FIR No. 106 of 2019, dtd. 27/6/2019, registered in Police Station Jawalamukhi, under Ss. 363, 366, 376, 506 of the Indian Penal Code (in short 'IPC') and Ss. 4 and 6 of the Prevention of Children from Sexual Offences Act (in short 'POCSO Act') and consequent proceedings arising thereto.

(2.) Petitioner Manish Kumar and respondent No. 2 Preeti and are present in the Court today (2/12/2021). They have been duly identified by their respective counsel. Their statements, on oath, have been recorded separately.

(3.) In her statement, respondent No.2 Preeti has stated that her date of birth is 26/6/2003 and she had passed her Matriculation in the year 2018 and when she was studying in 10th Class, she came in contact of petitioner and they developed intimacy and started liking each other and ultimately they decided to marry. But her family was not ready for their marriage for the reason that she belongs to Chaudhary Caste (OBC), whereas Manish Kumar belongs to a Scheduled Caste family. However they were determined to marry with each other whereas her parents were pressurizing her to change her decision and they also used to beat her on this issue. Therefore, she had decided to leave her home and, in June 2019, she telephonically called petitioner Manish Kumar and informed him about her decision and thereafter she left her house on her own volition, as the torture of her parents was not bearable and, therefore, she stayed in the house of Manish Kumar, but her mother had lodged FIR in Police Station, Jawalamukhi and she was handed over to her parents and at that time, she was not of 18 years of age, thereafter, her volition was not accepted for want of attaining the age of discretion and on completion of 18 years, she has solemnized her marriage with Manish Kumar on 13/7/2021 in Krishan Mandir, Dehra and thereafter on 3/8/2021 marriage has been registered in the office of Registrar/Sub-Registrar, Kopra, District Kangra and photocopies of certificate issued by Patwari and Registration Certificate are Annexures P-1 and P-2 and as per legal advice she has also signed the compromise deed, dtd. 13/9/2021 for withdrawal of complaint. She has further stated that as she had left her house on her own volition, but for not attaining age of majority on that date, case was registered and Manish Kumar has been made an accused, but now after attaining the age of majority, she has married him and it was her wish which was not accepted by her parents. She has stated that petitioner is her husband and she is living with him under one roof in his parental house, which is her matrimonial house and her husband is maintaining her and that her parents are not ready to keep her as she has married against their wish. She has further stated that for her welfare and better future, she wants to withdraw the complaint against Manish Kumar and also not intending to continue with the Criminal Proceedings against her husband as he is not at fault for that. She had prayed for quashing of FIR and setting aside proceedings arising thereto. She has further stated that she has entered into compromise and deposed in this Court, out of her free will, consent and without any external pressure, coercion or threat of any kind.