MAHINDER SINGH Vs. STATE OF H. P.

JUDGEMENT

(1.) By way of instant petition filed under Sec. 482 Cr.P.C, prayer has been made on behalf of the petitioner for quashing of FIR No.0017/2017, dtd. 4/2/2017, registered at Police Station Dharampur, District Mandi, H.P. under Ss. 363, 366 and 506 IPC as well as consequent proceedings, i.e. Case No. 110/2017, pending adjudication before learned Additional Sessions Judge, Sarkaghat, District Mandi, H.P., on the basis of compromise/amicable settlement, arrived inter se parties, (Annexure P-2) as well as affidavit (Annexure P-3) executed by grand-daughter of respondent/complainant.

(2.) Precisely, the averments contained in the petition, which are duly supported by an affidavit as well as documents annexed therewith, reveal that FIR, sought to be quashed in the instant proceedings, came to be lodged against the petitioner, at the behest of complainant/respondent No.3 namely Sh. Jhompha Ram, who alleged that on 3/2/2017, at 7.30 A.M., her grand-daughter namely, Champa Devi, had gone to school, but till evening, she did not return. He alleged that he has come to know that petitioner Mahinder Singh alias Rinku used to talk to his grand-daughter and wants to solemnize marriage with her, who is minor. In the aforesaid background, FIR sought to be quashed in the instant proceedings came to be lodged against the present petitioner. After completion of investigation, police presented the challan in the competent court of law, but before same could be taken to its logical end, both the parties have entered into compromise, whereby they have resolved to settle their dispute amicably inter se them and as such, petitioner has approached this Court in the instant proceedings for quashing of FIR as well as consequent proceedings, if any, pending before the competent court of law. 2. Affidavit executed by grand-daughter of complainant, reveals that petitioner herein has already solemnized marriage with her and they are living happy married life.

(3.) Reply on behalf of respondents-State stands filed, which is taken on record, perusal whereof reveals that prayer made on behalf of the petitioner for quashing of FIR, has been opposed on the ground that offences sought to be compounded in instant proceedings, are not compoundable. Reply is silent with regard to compromise, if any, arrived inter se parties. Parties to the lis have come present. Complainant /Respondent No.3, Sh. Jhompha Ram, who has come present in the Court and is being represented by Mr. Naveen K. Bhardwaj, learned Advocate, states on oath before this Court that he of his own volition and without there being any external pressure has entered into compromise with the petitioner, whereby, both the parties have resolved to settle their dispute amicably inter se them.