PAWAN KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant petition, prayer has been made on behalf of the petitioner for quashing of FIR No.49/19 dtd. 15/11/2019, under Ss. 498-A, 323, 504, 506, 34, 377, 376-2 of IPC and Sec. 6 of POCSO Act, registered with Women Police Station Mandi, District Mandi, 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 respondent No.2-Mrs. Shivani (hereinafter 'complainant') who alleged that while in the year 2019, she was studying in 11th class, petitioner No.1- Pawan Kumar made her to elope with him on the pretext of marriage. She alleged that for two days, she was kept in illegal confinement and during this period, petitioner No.1-Pawan Kumar subjected her to forcible sexual intercourse. She further alleged that after aforesaid incident, parents of the petitioner No.1 exerted pressure upon her family to solemnize marriage of her with petitioner No.1-Pawan Kumar and as such, marriage inter se her and petitioner No.1-Pawan Kumar was solemnized and one child was born from their wedlock. She alleged that after marriage, petitioners not only continuously harassed and maltreated her, but always cursed her for bringing less dowry. In the aforesaid background, FIR detailed hereinabove, came to be lodged against the petitioners. Though after completion of the investigation, police presented Challan in the competent Court of law, but before same could be taken to its logical end, parties to the lis have resolved to settle their dispute amicably inter se them by way of compromise placed on record and as such, petitioners have approached this Court in the instant proceedings, praying therein to quash and set-aside the FIR as well as consequent proceedings pending before the competent court of law.

(3.) This Court having taken note of the fact that marriage inter se petitioner No.1-Pawan Kumar and respondent No.2/complainant already stands solemnized and out of their wedlock, one child has born, coupled with the fact that they intend to live happily in future, specifically called upon both the parties to come present, so that factum with regard to correctness of the compromise could be ascertained.