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(2025) Law Today Live Doc. Id. 19995 = 2025 :UHC: 2685
Decided on: 09.04.2025
Presence:
Mr. Vijay Khanduri, learned counsel for the petitioner.
Mr. Akshay Latwal, learned A.G.A. for the State.
Mr. B.M. Pingal learned counsel for the respondent nos. 2 & 3.
Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 528 – Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 5(j) (ii), 6 – Indian Penal Code, 1860 (45 of 1860), Section 376 -- POCSO – Rape – Compromise quashing of FIR -- Parties have settled the dispute amicably and have also verified the contents of the compromise -- Cognizance/ summoning order, charge-sheet as well as the entire proceedings quashed.
(Para 1-4)
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VIVEK BHARTI SHARMA, J. –
This criminal misc. application is filed under Section 528 of B.N.S.S. by the petitioner/accused for quashing of the cognizance/summoning order dated 28.09.2022, charge-sheet dated 06.09.2022 as well as the entire proceedings of Special Sessions Trial No. 25 of 2020 (Case Crime No. 22 of 2022), titled as “State vs. Surendra Singh” pending in the court of learned Special Sessions Judge, Chamoli under Section 376 of IPC and Section 5(j) (ii)/6 of Protection of Children from Sexual Offences Act, 2012, P.S. Gairsain, District Chamoli qua the petitioner/accused, in view of the compromise arrived at between the parties.
2. In view of the fact that a Compounding Application (IA No. 01 of 2025) was filed by the parties before this Court, this Court vide order dated 04.04.2025 had directed the parties to appear before the Member Secretary, Uttarakhand State Legal Services Authority in order to get their statements recorded and to verify the compromise deed.
3. Pursuant to such order, the Member Secretary, Uttarakhand State Legal Services Authority has submitted his report dated 04.04.2025 which clearly indicates that the parties have settled the dispute amicably and have also verified the contents of the compromise.
4. In view of the above, Compounding Application (IA No.1 of 2025) is allowed. As a consequence thereof, the cognizance/summoning order dated 28.09.2022, charge-sheet dated 06.09.2022 as well as the entire proceedings of Special Sessions Trial No. 25 of 2022 (Case Crime No. 22 of 2022), titled as “State vs. Surendra Singh” pending in the court of learned Special Sessions Judge, Chamoli under Section 376 of IPC and Section 5(j)(ii)/6 of Protection of Children from Sexual Offences Act, 2012, P.S. Gairsain, District Chamoli is hereby quashed qua the petitioner.
5. Present petition u/s 528 of B.N.S.S. is, thus, disposed of in terms of the compromise arrived at between the parties.
Order accordingly.
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