OM SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present petition is maintained by the petitioners under Sec. 482 of the Code of Criminal Procedure (hereinafter to be called as "the Code") for quashing of F.I.R No.88 of 2020, dtd. 21/11/2020, under Sec. 376 of the Indian Penal Code and Sec. 4 of the Protection of Children from Sexual Offences Act, 2012, registered at Police Station Pachhad, District Sirmour, 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 child victim alongwith her mother i.e. Smt. Kamla Devi and her father Sh. Rajesh Kumar, came to the Police Station and made a written complaint wherein Rajesh Kumar- complainant made a statement, under Sec. 154 of the Code of Criminal Procedure alleging therein that he is an agriculturist by profession. It is further alleged in the complaint that he is having two daughters, one son and child victim is his eldest daughter, who is about 15 years and studying in 9th Class. On 16/11/2020, when her daughter came back to her home from the petitioner's house, his wife Smt. Kamla Devi suspected that the child victim is pregnant and she disclosed this fact to the complainant. It is further alleged that when his wife enquired, child victim disclosed that the petitioner had made physical relation with her several times due to which, she became pregnant. On the basis of statement of the complainant, FIR in question was registered. Now, the parties have entered into a compromise, vide Compromise deed dtd. 1/6/2021 (Annexure P-II) stating therein that the complainant does not want to pursue the case against the petitioners-accused. Hence, the present petition.

(3.) Learned counsel for the petitioners 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.