LAWS(HPH)-2023-8-29

SANJAY DESHTA Vs. STATE OF HIMACHAL PRADESH

Decided On August 08, 2023
Sanjay Deshta Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) The accused (petitioner herein), after compromising the matter with respondents No. 2 to 9/victims, has come up before this Court under Sec. 482 Cr.P.C., by invoking inherent powers of this Court, seeking quashing of FIR No. 132 of 2019, dtd. 28/10/2019, registered under Ss. 354-A and 201 of Indian Penal Code (for short 'IPC') and Ss. 10 and 12 of Protection of Children from Sexual Offences Act (for short 'POCSO'), registered at Police Station Rohru, District Shimla, H.P.

(2.) The present FIR was lodged by the complainant-Shri Lokesh Tarlokta, Principal, Government Senior Secondary School (name withheld). Today, respondents No. 2 to 9/victims, who are duly represented and identified by Mr. Varun Chauhan, Advocate, as well as the petitioner-accused are present in person before this Court. The statements of respondents No. 2 to 7 and 9/victims and the statement of father and natural guardian of respondent No. 8/victim, have been separately recorded and placed on the file.

(3.) In their statements, respondents No. 2 to 7 and 9/victims as well as father and natural guardian of respondent No. 8/victim stated in one voice that on the basis of the complaint of Shri Lokesh Tarlokta, Principal, Government Senior Secondary School (name withheld), FIR No. 132 of 2019, dtd. 28/10/2019, under Ss. 354-A and 201 IPC and Ss. 10 and 12 of POCSO Act was registered against the petitioner-accused at Police Station Rohru, District Shimla, H.P. They have further stated that due to some misunderstanding, the FIR was registered and no such incident had happened at any point of time. Now, with the intervention of the friends, elders and respectable persons of the society, the matter has been amicably settled between the parties, vide compromise deed, Annexure P-2. They have also stated that in view of the compromise, they are not interested to pursue the present case and have no objection in case the aforesaid FIR as well as the consequent proceedings, arising out of the said FIR, pending before the learned Additional Sessions Judge, Fast Track, Special Court (POCSO and Rape) Shimla, H.P., in case No. 1 of 2020, are quashed and set-aside.