SHRI DEVI Vs. STATE OF H.P.

JUDGEMENT

(1.) This petition has been preferred under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'Cr.PC'), by complainant Shri Devi for quashing the criminal proceedings arising out of FIR No. 110/2017 dated 13.10.2017, registered in Police Station, Tissa, District Chamba, H.P., under Sections 363, 366, 376, 341 and 506 of the Indian Penal Code (hereinafter referred to as 'IPC' in short) and Section 6 of Protection Of Children From Sexual Offences Act, 2012 (hereinafter referred to as 'POCSO Act' in short).

(2.) Status report/response of respondent No.1-State was called for. As per status report, on 13.10.2017, a complaint was received from complainant-petitioner Shri Devi under Section 156 (3) Cr.P.C. through the Court of learned Judicial Magistrate 1st Class, Chamba, whereupon FIR No.110/2017 was registered on the basis of the said application, in which it was alleged that in the year, 2015 accused-respondent No.2 was working as a Compressor Operator in Private Hydro Project Company at Tarela, Tehsil Churah, District Chamba, H.P., and complainant-petitioner was learning tailoring work near the aforesaid Project and during that time accused-respondent No.2 Ajay Kumar had allured and enticed her to leave the company of her parents and accompany him. Whereupon, on 18.04.2015, when accused-respondent No.2 came with his paternal Uncle and Aunt in a light vehicle, she accompanied them and after staying for 8-9 days in the house of paternal Uncle of respondent Ajay Kumar, she was taken to the house of accused-respondent, whereafter, on cohabitation with him, she became pregnant. During this period, accused- respondent No.2 confined her in his house, where she delivered a male child on 31.03.2016. It was further stated in the complaint that her date of birth was 19.02.1999 and at the time when she was enticed to leave the guardianship of her parents, married, violated and caused to deliver a child, she was minor of 16-17 years of age. On the basis of complaint, so filed, investigation was carried on and accused-respondent No.2 was arrested and challan under Sections 363, 366-A, 376, 341 and 506 IPC and Section 6 of POCSO Act, was presented in the Court.

(3.) During pendency of the trial, when accused- respondent No.2 was in judicial lockup as an under trial prisoner, present petition has been moved by complainant-petitioner for quashing the criminal proceedings, on the ground that she is married to accused-respondent No.2 and they have a male child and she intends to live her married life with accused-respondent No.2.