BHUPINDER KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present petition is maintained by the petitioner under Sec. 482 of the Code of Criminal Procedure (hereinafter to be called as "the Code") for quashing of F.I.R No.4 of 2019 dtd. 10/2/2019, under Ss. 363, 366 and 376 of the Indian Penal Code and Sec. 4 of the Prevention of Children from Sexual Offences Act, 2012 (POCSO), registered at Women Police Station, Solan, District Solan, H.P. alongwith all consequential proceedings arising out of the said F.I.R., pending before the learned trial Court.

(2.) Briefly stated the facts, giving rise to the present petition, as per the prosecution story, are that respondent No.2 made a written complaint to the police alleging therein that his minor daughter/victim child and her niece went missing from the house on the night of 9/2/2019. He suspected the involvement of the petitioner in kidnapping the minor girls. The minor girls were later on handed over to the police on 11/2/2019 by their relatives and thereafter they were sent for their medical examination at Regional Hospital, Solan, where it was confirmed that the victim child has been subjected to sexual intercourse. On the basis of statement of the complainant, FIR in question was registered. Now, the parties have entered into a compromise, vide Compromise deed (Annexure P-5) stating therein that they do not want to pursue the case against the petitioner. Hence, the present petition.

(3.) Learned counsel for the petitioner 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.