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Judgment
Heard learned counsel for the parties. Perused the material on record.
By way of this misc. petition under Section 482 Cr.P.C., the petitioner seeks quashing of the impugned FIR No.438/2018 registered at Police Station
Phalodi, District Jodhpur on the ground that the case has been compromised with the respondent No.2 victim.
Nonetheless, I am of the firm opinion that keeping in view the law as laid down by Hon’ble the Supreme Court in the case of Gian Singh Vs. State
of Punjab & Anr. reported in JT 2012(9) SC-426, the offences under Section 376 IPC and the POCSO Act cannot be permitted to be compounded.
Thus, I am not inclined to exercise this Court’s inherent powers so as to quash the impugned FIR at this stage.
Learned counsel for the petitioner pointed out that the victim’s subsequent statement has been recorded during investigation under Section 161
Cr.P.C. Needless to say that the investigating officer is under an obligation to collate and consider the entire material available on record before filing
result of investigation in the court concerned.
With these observations, the misc. petition as well as stay application are dismissed as being devoid of merit.