GOVIND SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant petition filed under Sec. 482 of the Code of Criminal Procedure, prayer has been made on behalf of the petitioner No.1 for quashing of FIR No.57 of 2017, dtd. 17/3/2017 under Ss. 363, 366, 376 of IPC and Sec. 6 of the POCSO Act, registered at police Station Rampur, District Shimla, Himachal Pradesh as well as consequent proceedings pending adjudication in the Court of learned District and Sessions Judge (Special Judge, POCSO Act), Rampur, District Shimla,H.P.

(2.) Precisely, the facts of the case as emerge from the record are that FIR sought to be quashed in the instant proceedings came to be lodged at the behest of respondent No.2/complainant Smt. Meera Devi (hereinafter referred to as the complainant), who alleged that on 1/3/2017, petitioner No.1 namely, Govind Singh made her minor daughter to elope with him. She also alleged that petitioner No.1 committed sexual assault upon her minor daughter i.e. petitioner No.2/victim/prosecutrix against her wishes and as such, appropriate action in accordance with law be taken against petitioner No.1. After completion of the investigation, police presented the challan in the competent court of law, but before same could be taken to its logical end, petitioner No.1/accused and petitioner No.2 i.e. victim/prosecutrix solemnized marriage and out of their wedlock one child has born and as such, they both have approached this Court in the instant proceedings, praying therein for quashment of FIR as well as consequent proceedings, if any, pending in the competent Court of law.

(3.) Vide order dtd. 9/3/2022, this Court while directing the respondent-State to verify factum with regard to compromise, if any, arrived interse parties, also deemed it necessary to cause presence of the parties in the court, especially petitioner No.2 i.e. victim/prosecutrix and respondent No.2, Smt. Meera Devi, at whose instance FIR sought to be quashed came to be instituted, so that factum with regard to correctness and genuineness of the compromise placed on record could be ascertained.