RAJESH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of present petition filed under S.482 CrPC, prayer has been made on behalf of the petitioners for quashing and setting aside FIR No. 10, dated 2.2.2019, under Ss. 363, 366, 186, 427 and 34 IPC, S.181 of the Motor Vehicles Act and S.17 of the Protection of Children from Sexual Offences Act, registered at Police Station, Chopal, District Shimla, Himachal Pradesh and consequent proceedings pending before learned Sessions Judge, Whether reporters of the Local papers are allowed to see the judgment Shimla, on the basis of compromise entered into between the parties.

(2.) Averments contained in the petition, which is duly supported by an affidavit, reveal that the FIR sought to be quashed in the instant proceedings, came to be lodged at the behest of respondent No.3/complainant, who alleged that the on 5.1.2019, his two sons and one daughter had gone to Dharech to their Mama's (Maternal Uncle) house. He alleged that on 3.2.2019, he was informed telephonically that petitioner No.1 namely Rajesh, with an intention to solemnise marriage with his daughter, had taken her away in a vehicle bearing registration No. HP-85-0074. Complainant alleged that his daughter was minor and was studying in 10th Class in Government Senior Secondary School, Maraog, as such appropriate action be taken against the persons, who are responsible for kidnapping/abduction of his minor daughter. On the basis of aforesaid complaint having been filed by respondent No.3, FIR sought to be quashed in the instant proceedings, came to be lodged against the petitioners under the aforesaid provisions of law.

(3.) Police, after completion of investigation, filed report under S.173 CrPC, in the court of learned Sessions Judge, Shimla, which is pending adjudication. However, it appears that during the pendency of the proceedings before learned Sessions Judge, petitioners and respondent No.3 have entered into a compromise and filed an application under Ss.320/321 CrPC, for withdrawal of prosecution against the accused. Before aforesaid application could be decided, petitioners approached this Court in the instant proceedings, praying therein to quash and set aside the FIR in question as well as consequent proceedings pending before learned Sessions Judge, Shimla.