JAGDEEP SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant petition, prayer has been made on behalf of the petitioners for quashing of FIR No.198/2021, dtd. 1/6/2021, under Ss. 363, 366 and 376 IPC read with Sec. 4 of the POCSO Act, registered with Police Station Sadar Una, District Una, H.P., as well as consequent proceedings, if any, pending before the court below, on the basis of compromise/amicable settlement arrived inter-se parties.

(2.) Averments contained in the petition, which is duly supported by an affidavit, reveal that FIR sought to be quashed in the instant proceedings, came to be lodged at the behest of Ms. Samriti, who alleged that her elder sister Damini (petitioner No.2) has gone missing and she has apprehension that petitioner No.1 Jagdeep Singh has made her elope with him on the pretext of marriage and as such, appropriate action in accordance with law be taken against him. Since above named Ms. Samriti requested the police not to lodge the FIR, same was not lodged at the first instance, rather FIR came to be subsequently lodged on the basis of statement made by petitioner No.2 Damini, who while recording her statement made under Sec. 161 Cr.PC, disclosed to the police that she and petitioner No.1 had developed acquaintance during their school time and petitioner No.1 wanted to solemnize marriage with her. She disclosed to the police that since two local boys had seen her as well as petitioner No.1 together near crematorium, they got scared and fled away. She alleged that on the date of the alleged incident, she was sexually assaulted by petitioner No.1 on the pretext of marriage. In the aforesaid background, FIR under Sec. 363, 366 and 376 of IPC read with Sec. 4 of the POCSO Act came to be lodged against petitioner No.1.

(3.) Since complainant Samriti has not been arrayed as party, on the oral request of learned counsel for the petitioners, Ms. Samriti, D/O Sh. Rakesh Kumar, R/O Ward No. 3, Village And Post Office Charatgarh, Tehsil And Dsitrict Una, H.P., is impleaded as respondent No.2. Registry to carry out necessary corrections with red ink. Mr. Arun Kaushal, Advocate has put in appearance on behalf of respondent No.2 Ms. Samriti, who is otherwise present in the Court.