ARYAN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner, namely Aryan, has come up in the instant petition under Sec. 482 of the Code of Criminal Procedure [hereinafter referred to as 'Cr.P.C.'] seeking quashing of FIR No.85 of 2023, dtd. 10/11/2023 for the commission of offences punishable under Ss. 376 of the Indian Penal Code [hereinafter referred to as 'IPC'] and Sec. 4 of the Protection of Children from Sexual Offences [hereinafter referred to as 'POCSO'] Act, registered at Police Station Kotkhai, District Shimla [H.P.] as well as consequent proceedings pending before the learned Court below.

(2.) Quashing of FIR and criminal-judicial proceedings arising therefrom, has been prayed for, on the ground, that due to the intervention of the family members of petitioner as well as the respondent No.2-Victim ['X"], the matter has been amicably settled. It is averred that the petitioner has been falsely roped in, at the instance of others who were inimical against the petitioner and the respondent No.2-Victim ['X"], who have solemnized their marriage even prior to the registration of FIR dtd. 10/11/2023. It is further averred that the petitioner and the respondent No.2-Victim ['X'] have no grudges and they have cordial relations with each other. Petitioner has stated that his conduct is unblemished and in these circumstances reliance has been placed upon decision in Cr. MMO No.648 of 2023, case titled Ranjeet Kumar versus State of H.P and Ors., decided on 8/12/2023, wherein the accused had been charged for offences punishable under Ss. 363, 376, 212 and 120-B of the Indian Penal Code and Sec. 4 of the POCSO Act.

(3.) Upon issuance of notice on 21/3/2024, this Court directed the respondent(s) No.1 and 2 to file a reply, to the instant petition. As a sequel to this, the State Authorities have filed a Status Report dtd. 3/4/2024 on the Instructions of Station House Officer, In-charge, Police Station, Kotkhai, District Shimla, narrating the sequence of events that the FIR No.85 of 2023 was registered at the instance of the complainant, namely, Smt. Uma Devi. It was further mentioned that after the registration of FIR, the petitioner was arrested on 10/11/2023. The State Authorities have stated that the petitioner and respondent No.2-Victim ['X'] were in live-in relationship and they have solemnized marriage with each other and have an offspring out of their wedlock. The Status Report does not contain any material revealing any objection to the quashing of FIR and the proceedings accruing therefrom, except that the investigation has been completed and the Challan has been presented before the Learned Sessions Judge, Shimla on 21/12/2023.