ABDUL REHMAN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This petition has been preferred under Sec. 482 Cr.P.C. on the basis of compromise between petitioners and respondent No.2, for quashing of FIR No. 35 of 2020, dtd. 21/9/2020 registered under Ss. 376, 506, 419, 201 and 34 of Indian Penal Code (hereinafter in short 'IPC') and Ss. 3(i)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short SC& ST Act) at Women Police Station Una, District Una HP and quashing of proceedings initiated in pursuant thereto pending in the concerned Court.

(2.) As per prosecution story, complainant "X" was pursuing her Nursing Course in Badera and one and a half years before lodging the complaint by complainant 'X', she met a boy at Bus Stand, who had disclosed his name as Vicky Sharma resident of Nangal. He also met her in Madhuban park Nangal and expressed his intention to marry her and thereafter, he developed physical relations with her by saying that he would marry her. As per complaint, Vicky Sharma was in fact Abdul Rehman, but, he concealed his identity and impersonated as Vicky Sharma and took the complainant to Sunshine Hotel Una and Searock Hotel Raipur on 2/1/2020 and 15/8/2020, respectively concealing his true identity and made physical relations with her. Later on, another girl 'Y', who was college fellow of 'X', informed 'X' that boy was Abdul Rehman but not Vicky Sharma who had already been engaged with one 'Z'. Thereafter, 'X' went to village of Abdul Rehman and approached his family to solemnize the marriage. But they refused to marry a girl of lower caste and quarrelled with complainant 'X'. Complainant 'X' also visited house of 'Z' with whom marriage of Abdul Rehman was fixed to show the proof of her relations with Abdul Rehman to 'Z', but, 'Z' and her brother Mohammad Raja and mother Samina (petitioners No. 4 to 6) had quarrelled with complainant 'X' and broke her mobile destroying the evidence of relations of 'X' with Abdul Rehman. The incident was reported in Police Chowki Nangal Sector No.2. As per investigation, transactions of money from bank account of complainant 'X' were also found in favour of Abdul Rehman claimed to have given for purchasing a vehicle. After completion of investigation, challan has been presented in Court which is at the stage of framing of charge.

(3.) During penedency of trial, petitioners/accused persons filed present petition on the basis of compromise arrived at with respondent No.2 whereby she had agreed to withdraw the complaint.