KAMLESH Vs. STATE OF H. P.

JUDGEMENT

(1.) The present petition, under Section 482 of the Code of Criminal Procedure, has been maintained by the petitioner for quashing of F.I.R No. 03 of 2021, dated 20.03.2021, under Sections 363, 366A, 354, 376 IPC and Sections 4 and 12 of POCSO Act, registered at Female Police Station BCS, Shimla, District Shimla, H.P., alongwith all consequent proceedings arising out of the said F.I.R..

(2.) Tersely, the facts giving rise to the present petition are that on 20.03.2021 the mother of the victim (complainant) made a complaint to the police, wherein she stated that on19.03.2021 her daughter (victim herein), who is 15 years old, went missing. Despite extensive search efforts, the victim could not be traced. Upon the complaint, so made by the complainant, police registered F.I.R No. 03 of 2021, dated 20.03.2021, under Sections 363, 366A, 354, 376 IPC and Sections 4 and 12 of POCSO Act and the investigation ensued. Police investigation zeroed down on one Kamesh (petitioner herein), so he was arrested. However, now the parties have arrived at compromise, vide compromise Deed, Annexure P-2 and in order to maintain their relation cordial, they do not want to pursue the case against each other, as the FIR has been registered by the complainant without knowing the real cause of the incident, however after knowing the fact of the incident, she wants to withdraw the FIR, hence the present petition.

(3.) Learned counsel for the petitioner has argued that as the parties have compromised the matter, vide Compromise Deed Annexure P-2, no purpose will be served by keeping the proceedings alive, hence the FIR, alongwith consequent proceedings, arising out of the same may be quashed and set aside.