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(2024) Law Today Live Doc. Id. 19315
Reserved on: 11.06.2024 Decided on: 18.06.2024
For the Petitioner:
Mr. Arvind Sharma, Advocate.
For the Respondents:
Ms. Aayushi Negi, Deputy Advocate, General, for respondent No. 1/State.
Ms. Kiran Sharma, Advocate, for respondent No.2.
Indian Penal Code, 1860 (45 of 1860), Section 376 – Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 6 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – POCSO – Rape – Compromise quashing of FIR -- Since the parties have married each other, the petition is allowed -- FIR and consequential proceedings arising therefrom ordered to be quashed.
(Para 1-4)
Cases referred:
1. Ranjeet Singh vs. State of H.P. Cr.MMO No. 648 of 2023, decided on 8.12.2023.
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RAKESH KAINTHLA, J. –
The petitioner has filed the present petition for quashing FIR No. 60/2023 dated 05.10.2023 registered at Police Station, Jubbal, District Shimla, H.P. for the commission of offences punishable under Section 376 of IPC and Section 6 of the Protection of Children from Sexual Offence Act (POCSO). It has been asserted that the matter has been resolved between the parties voluntarily without any coercion and undue influence. The victim has married the petitioner and continuation of the proceedings will serve no fruitful purpose. Hence, it is prayed that the present petition be allowed and the FIR be ordered to be quashed.
2. The statements of the victim, her father and the accused were recorded on 29.02.2024, in which they have stated that the accused and the victim had married each other. The victim is residing happily with the accused. The victim and her father have no objection in case the FIR is ordered to be quashed.
3. I have heard Mr Arvind Sharma, learned counsel for the petitioner, Ms Aayushi Negi, learned Deputy Advocate General for respondent No.1-State and Ms Kiran Sharma, learned counsel for respondent No.2.
4. It was held by the Division Bench of this Court in a case titled Ranjeet Singh vs. State of H.P. Cr.MMO No. 648 of 2023, decided on 8.12.2023 that the Court has the power to quash the proceedings under the POCSO Act where the parties have married each other voluntarily. This judgment is binding upon this Court. Since the parties have married each other, the present petition is allowed and FIR No. 60 of 2023, dated 5.10.2023 for the commission of offences punishable under Section 376 of IPC and Section 6 of the POCSO Act, registered at Police Station Jubbal, District Shimla, H.P. and consequential proceedings arising therefrom are ordered to be quashed.
5. Petition stands disposed of in the above terms, so also pending applications, if any.
6. Parties are permitted to produce a copy of this judgment, downloaded from the webpage of the High Court of Himachal Pradesh before the authorities concerned, and the said authorities shall not insist on the production of a certified copy but if required, may verify passing of the order from Website of the High Court.
Petition allowed.
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