RANJEET KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) Upon reference by learned Single Judge of this Court, this Division Bench is called upon to resolve the question as to whether this Court can quash FIR on the basis of a compromise in an offence as involved in the instant case.

(2.) The minimal facts as necessary for determining the question are that the petitioner Ranjeet Kumar filed a petition under Sec. 482 Cr.P.C. for quashing of FIR No. 39 of 2020, dtd. 8/3/2020, registered under Ss. 363, 376, 212, 120B of the Indian Penal Code (for short 'IPC) and Sec. 4 of the Protection of Children from Sexual Offences Act (for short 'POCSO Act') with the Police Station Indora, District Kangra, H.P., as well as, the proceedings resultant thereto, bearing No. 108/2020, pending in the Court of Fast learned Additional Sessions Judge, Fast Track POCSO Court, Kangra at Dharamshala. Such quashing was sought mainly on the ground that the family members of the petitioner (accused) as well as the child victim had settled the matter by solemnising the marriage of the child with the petitioner on 9/3/2023 and thereafter they had been residing together as husband and wife in the matrimonial home and a compromise to this effect has also been effected on 17/4/2023.

(3.) While seeking quashing, support was sought to be drawn from the judgments already rendered by some of the learned Single Judges of this Court in Sahil vs. State of Himachal Pradesh through Secretary (Home) to the Government of Himachal Pradesh, 2022 (2) Him. L.R. (HC) 739 and Criminal Misc. Petition (Main) No. 549 of 2021, titled as Sakshi and others vs. State of H.P. and others, decided on 8/11/2021, whereby in similar circumstances, the FIR and consequent proceedings thereto had been quashed.