LAWS(HPH)-2024-4-56

GULAB SINGH Vs. STATE OF HIMACHAL PRADESH

Decided On April 18, 2024
GULAB SINGH Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) By way of instant petition filed under Sec. 482 of the Code of Criminal Procedure, a prayer has been made on behalf of the petitioner for quashing of FIR No.53/2023 dtd. 9/6/2023, under Ss. 354-A and 342 of the Indian Penal Code and Sec. 10 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'the POCSO Act', registered at Police Station, Padhar, District Mandi, H.P., as well as consequent judicial proceedings pending before learned Special Judge, Fast Track Court, POCSO, Mandi, H.P.

(2.) As per the averments contained in the petition, which is duly supported by an affidavit reveals that on 9/6/2023, complainant-Member Child Help Line (1098), had got a FIR registered against the present petitioner under Ss. 354-A and 342 of the Indian Penal Code and Sec. 10 of the POCSO Act, 2012. As a sequel thereto, Challan has been presented before learned Special Judge, Fast Track Court, POCSO, Mandi, H.P. However, during the pendency of proceedings, the dispute inter se parties has been settled amicably vide Compromise Deed dtd. 14/12/2023, copy whereof, is appended alongwith the present petition as Annexure P-2. The Compromise Deed has been entered into at the intervention of elder relatives and respectable members of the society with intent to settle the dispute inter se parties.

(3.) Statements of fathers of victims, i.e., respondents No.2 and 4 stand recorded. They have categorically stated that they have entered into compromise of their own free will, volition and without any pressure. According to the respondents No.2 and 4, the dispute inter se parties, stands amicably settled.