ASHWANI KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) The present petition, under Section 482 of the Code of Criminal Procedure (hereinafter to be called as "the Code"), has been maintained by the petitioner for quashing of F.I.R No. 87/13, dated 01.05.2013, under Sections 363, 366, 376 of the Indian Penal Code and Section 6 of POCSO Act, registered at Police Station Dehra, District Kangra, H.P., alongwith all consequent proceedings arising out of the said F.I.R., pending before the learned trial Court.

(2.) Briefly stating the facts, giving rise to the present petition are that complainant/respondent No. 3 filed a complaint against the petitioner, stating therein that on 30.04.2013, respondent No. 2 (prosecutrix) alongwith her grandmother had gone to attend the marriage and did not return back. As per the complainant, her daughter was kidnapped by the present petitioner. Consequently, FIR No. 87/2013, dated 01.05.2013, under Sections 363, 366, 376 of IPC and Section 6 of POCSO Act, came to be registered against the petitioner. However, as per the case of the prosecution, the petitioner and respondent No. 2 had fled away and solemnized marriage and came back home in the month of August, 2014. Now the parties have compromised the matter and as per the complainant, who is mother of the prosecutrix, she had lodged the report inadvertently and do not want to pursue the case against her son-in-law/petitioner, since her daughter alongwith her three children are living happily with the petitioner and in this regard, her statement has also been sworn in by way of affidavit, Annexure P-5. Hence, the present petition.

(3.) Learned counsel for the petitioner has argued that as the parties have compromised the matter and the complainant has sworn in by way of affidavit that she has inadvertently lodged the complaint against the petitioner, no purpose will be served by keeping the proceedings alive, since the petitioner alongwith respondent No. 2 (prosecutrix) and his three children is living happily, hence, the FIR, alongwith consequent proceedings arising out of the same, pending before the learned trial Court, may be quashed and set aside.