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High CourtsSingle Bench(2024) 02 SHI CK 0013

Pratap Singh vs State Of H.P. And Another

High Court Of Himachal Pradesh · Decided on 26 February 2024

HON’BLE JUDGES
Rakesh Kainthla, J
RESULT
Disposed Of
CASE NUMBER
CR. MMO No.813 Of 2023

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Judgment

6 paragraphs · 393 words

Rakesh Kainthla, J

1.

The present petition has been filed for quashing of FIR No. 24 of 2022, dated 16.4.2022 for the commission of offences punishable under Sections 363 & 376 of IPC and Section 4 of the Protection of Children from Sexual Offences (POCSO0 Act, registered at Police Station Nirmand, District Kullu, H.P. and consequential proceedings based on the compromise effected between the parties. The statements of the victim and the accused were recorded on the last date of hearing in which they have stated that they had married each other without any influence from any person. They are residing happily. The statement of the father of the victim has also been recorded in which he stated that the victim has married the petitioner and because of the marriage, he has no objection in case FIR No. 24 of 2022, dated 16.4.2022 for the commission of offences punishable under Sections 363 & 376 of IPC and Section 4 of the Protection of Children from Sexual Offences Act, registered at Police Station Nirmand, District Kullu, H.P. is ordered to be quashed.

2.

I have heard Mr Harsh Sharol, Advocate, for the petitioner and Mr. Jitender Sharma, learned Additional Advocate General for the respondent-State.

3.

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. 24 of 2022, dated 16.4.2022 for the commission of offences punishable under Sections 363, 376 of IPC and Section 4 of the Protection of Children from Sexual Offences Act, registered at Police Station Nirmand, District Kullu, H.P. and consequential proceedings arising therefrom are ordered to be quashed.

4.

Petition stands disposed of in the above terms, so also pending applications, if any.

5.

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.