DURGESH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant petition filed under Sec. 482 of the Code of Criminal Procedure, prayer has been made on behalf of the petitioner for quashing of FIR No. 67 of 2018, dtd. 29/5/2018, under Ss. 363 and 366-A of IPC, registered at police Station Majra, District Sirmour, Himachal Pradesh as well as consequent proceedings, if any, pending adjudication in the competent Court of law, on the basis of the compromise arrived inter se parties (Annexure P-2), whereby both the parties have resolved to settle their dispute amicably interse them.

(2.) Precisely, the facts of the case, as emerge from the record are that FIR, sought to be quashed in the instant proceedings, came to be lodged at the behest of respondent No.2, Smt. Geeta Devi (hereinafter referred to as the complainant), alleging therein that her minor daughter i.e. respondent No.3 had gone missing. She alleged that she has suspicion that person namely, Durgesh i.e. petitioner herein, has made her daughter elope with him and as such, appropriate action, in accordance with law, be taken against him. On the basis of aforesaid complaint, FIR, sought to be quashed in the instant proceedings, came to be instituted against the petitioner.

(3.) Vide order dtd. 8/7/2024, this Court with a view to ascertain the correctness and genuineness of the compromise placed on record, deemed it necessary to cause presence of the parties in the Court, especially respondent Nos.2 and 3. Besides above, this Court also called upon the respondent-State to file status report, specifically stating therein, factum of compromise, if any, arrived Interse parties. Status report on behalf of the respondent-State is awaited.