SONU Vs. STATE OF H.P.

JUDGEMENT

(1.) The instant petition, under Sec. 482 of the Code of Criminal Procedure (hereinafter referred to as 'Cr.PC') has been filed by petitioner, on the basis of compromise arrived at between the private parties, for quashing of FIR No.80 of 2019, dtd. 9/10/2019, registered in Police Station Jubbal, District Shimla, Himachal Pradesh, under Sec. 376 of the Indian Penal Code (in short 'IPC') and Ss. 4&6 of the Protection of Children from Sexual Offences Act (hereinafter referred to as 'POCSO Act').

(2.) Petitioner Sonu, complainant-respondent No.3 Govind, respondent No.2 Neha Kumari, mother of complainant respondent No.4 Roshni Devi were present in person on 8/4/2022 and they were identified by their respective counsel. Their statements were separately recorded and placed on the file.

(3.) Complainant-respondent No.3 Govind had stated that on 9/10/2019 his daughter Neha informed him about her affairs with the petitioner and also about her physical violation by the petitioner on that day and, therefore, he alongwith his mother Roshni Devi and his daughter Neha visited the Police Station and reported the matter, on the basis of which FIR was registered. He had further stated that lateron he noticed that his daughter was in deep love with petitioner Sonu and Sonu was also in deep love with his daughter and, therefore, he solemnized the marriage of his daughter Neha with petitioner Sonu. He had also stated that the name of his daughter has also been entered in the Family Register of Gram Panchayat Kuddu and that his daughter and the petitioner have been blessed with a daughter, whose name has also been entered in the Family Register. He had further stated that he had accompanied his daughter to the Police Station for lodging the FIR in order to protect the interests of his daughter, and that lateron he realized that interest of his daughter was in solemnizing her marriage with the petitioner. He has further stated that now the criminal proceedings arising out of the FIR, which was registered for saving the interest of his daughter, are coming in the way of happy family life of his daughter, continuation whereof shall have adverse impact upon the child and the couple, and that now he alongwith his mother and daughter Neha have decided to not to pursue the criminal case against petitioner Sonu, and that they have no objection for allowing the petition for quashing the FIR for compounding the case and for closing the criminal proceedings initiated in pursuance thereto.