SAHIL 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.24 of 2021, dtd. 9/9/2021, under Ss. 376 (2) 376 (n), 376 (3) and 506 of the Indian Penal Code and Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 and Sec. 67 of the Information and Technology Act, registered at Women Police Station Bilaspur, District Bilaspur, 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 on 9/9/2021, respondent No.2 made a written complaint to Police Station Bilaspur, that she is a student of 11th Class and the petitioner is a hair dresser. Around six months ago, when her parents were not at home, the petitioner visited there and forcibly committed sexual intercourse with her, thereafter the petitioner repeatedly pressurized her for sex and on her refusal, he threatened her to do away with her and on her refusal, he threatened her to do away with the lives of her parents. On the basis of the statement of respondent No.2-complainant, FIR in question was registered. Now, the parties have entered into a compromise, vide Compromise/affidavit (Annexure P-2) stating therein that the complainant does 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.