CHAIN LAL Vs. STATE OF H.P.

JUDGEMENT

(1.) The present petition is maintained by the petitioner under Section 482 of the Code of Criminal Procedure (hereinafter to be called as "the Code") for quashing of F.I.R No. 119 of 2017, dated 17.7.2017, under Sections 354, 354 (A) (1) of the Indian Penal Code and Section 8 of the Prevention of Children from Sexual Offences Act, registered at Police Station, Palampur, District Kangra, H.P.

(2.) Briefly stating the facts, giving rise to the present petition, as per the prosecution story, are that father of respondent No.2 died in the year 2008 and thereafter, her mother Neelam was living in a rental room at Ghuggar alongwith her sister Anshu. In the year 2008, petitioner, who was working as Driver in H.R.T.C, Palampur, was living with the mother of respondent No.2. On 16.7.2017, mother of respondent No.2 had to leave for Delhi, for which, respondent No.2 and her father had gone to Bus Stand at about 6:30 p.m, thereafter, petitioner came back to the house and respondent No.2 given food dinner to her father and started drinking. After finishing his meal, the petitioner went inside her room for sleeping and also said to respondent No.2 to sleep with him. Respondent No.2 went inside her room for sleeping at 9:00 p.m. The uncle of respondent No.2, Shri Ravi Kumar, came to her house, father of respondent No.2 started quarreling and arguing with her. Respondent No.2 further stated in her complaint that while she was sleeping in her room, her father, the present petitioner, came and started knocking the door loudly and after sometime, respondent No.2 opened the door and her father pushed her, thereafter, the petitioner caught hold her hands and her feet. On the pretext, respondent No.2 wants to go to washroom and made a call to her mother, but phone of her mother was switched off. Thereafter, respondent No.2 called her neighbour Sneha, telephonically and told her that her father, the present petitioner is harassing and misbehaving with her Thereafter, the petitioner caught hold to respondent No.2, on which, respondent No.2 told to the petitioner that she is your daughter and why are you holding her with a bad intention. The petitioner told her that he will make the complainant his wife and on this, respondent No.2 made an excuse of phone charging and she went inside the bathroom and from there, she took the phone and went outside the house. Respondent No.2 narrated the entire incident to her uncle Ravi Kumar. Pursuant thereto, statement of respondent No.2 as well as her uncle Ravi Kumar, came to Police Station for lodging FIR against the petitioner. Now, respondent No.2 entered into a compromise, on the basis of affidavit, dated 26.11.2019, stated that she does not want to pursue the case against the petitioner. Hence, the present petition.

(3.) Learned Senior Counsel for the petitioner has argued that as the parties have compromised the matter, no purpose will be served by keeping the proceedings against the petitioner and the FIR/Challan, may be quashed and set aside.