ASHISH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This petition has been preferred under Section 482 Cr.P.C. for quashing of FIR No. 37 of 2018, dated 9.5.2018, registered under Sections 363, 366, 376 and 506 of Indian Penal Code (hereinafter in short 'IPC') and Sections 4 and 6 of Prevention of Children from Sexual Offences Act (in short 'POCSO Act') at Police Station Panchrukhi, District Kangra HP and quashing of proceedings initiated in pursuant thereto pending in the concerned Court.

(2.) Respondent No.2 Shabnam as well as respondent No.3/complainant Champa Devi, duly identified by their counsel Mr.A.K. Sharma, Advocate, are present through Video Conferencing.

(3.) Respondent No.2-Shabnam, vide separate statement, placed on record, has stated that petitioner Ashish Kumar is her husband, who is an accused in FIR lodged by her grandmother, respondent No.3. She has further stated that she and Ashish Kumar were knowing each other and were having love affairs with intention to marry, however, they were suspecting that her grandmother would marry her somewhere else and, therefore, she had gone along with Ashish Kumar in his relations without telling any member of her family, whereupon, her grandmother thought that she was missing or some wrong had happened with her, and therefore, she lodged an FIR in Police Station Panchrukhi on 9.5.2018, whereupon, police had conducted the investigation and she was found in house of relations of Ashish Kumar and at that time, she was two months short for completing her age of discretion and, therefore, a criminal case was made out against Ashish Kumar and he was arrested and later on, was enlarged on bail. She has also stated that after some time, succumbing to their wishes, her grandmother agreed to marry them and she arranged their marriage on 3rd February, 2019 which has been registered in the Panchayat also and after marriage, she and Ashish Kumar are residing happily with her in-laws and they have also been blessed with one son Harshit, who was born on 15th July, 2019 and further stated that now she is residing happily with her husband under one roof and, therefore, she does not intend to continue the criminal proceedings against her husband which would be destructing not only her life but also the life of their son and her grandmother has also realized the mistake committed by her on account of misunderstanding and therefore, she is also agree to withdraw the FIR for compounding the case for betterment of her life and in the interest of her entire family including her husband and son and she (grandmother) has also come with her to Shimla. She has stated that compromise is out of her free will, consent and also without any kind of threat, coercion or pressure etc.