RAVI KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The accused (petitioner herein), after compromising the matter with the prosecutrix (respondent No. 3 herein), has come up before this Court under Sec. 482 Cr.P.C., by invoking inherent powers of this Court, seeking quashing of FIR No. 17 of 2015, dtd. 4/7/2015, under Ss. 363, 366 and 376 of the Indian Penal Code (for short "IPC") read with Sec. 4 of the Protection of Children from Sexual Offences Act (for short "POCSO") registered at Police Station Sangla, District Kinnaur, H.P.

(2.) The present FIR was lodged by the father of the prosecutrix and today both the prosecutrix/respondent No. 3 (name withheld) and the petitioner-accused are present in person and their statements have been separately recorded and placed on the file.

(3.) In her statement, prosecutrix/respondent No. 3 stated that on the basis of the complaint of her father, FIR No. 17, dtd. 4/7/2015, under Ss. 363, 366 and 376 IPC and Sec. 4 of POCSO Act, was registered against the petitioner-accused at Police Statin Sangla, District Kinnaur, H.P. due to some misunderstanding and now they have entered into a compromise, vide compromise deed, Annexure P-2, as she had solemnized marriage with the petitioner-accused, according to the local customs, as per her own will, and out of their wedlock two children were born in the years 2016 and 2017. She has also stated that since she is residing happily with her husband (petitioner-accused) under the same roof, therefore, she has no objection in case the aforesaid FIR and the consequent proceedings, arising out of the said FIR, pending before the learned Sessions Judge, Fast Track-Special Court (Rape and POCSO), Kinnaur at Reckong Peo, District Kinnaur, H.P., are quashed and set- aside.