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GAUTAM KUMAR CHOUDHARY
Sulendra Lohra – Appellant
Versus
State of Jharkhand – Respondent


Counsel for the Parties:
For the Petitioner:Mr. Birendra Kumar, Advocate
For the State: Mr. Bhola Nath Ojha, A.P.P.
For the Opp. Party Nos.2 and 3:Mr. Ajay Kumar Trivedi, Mr. Jayram Narayan Pandey and Mr. Jeetendra Kumar Mishra, Advocates

JUDGMENT

Instant petition has been filed for quashing the order taking cognizance dated 28.10.2021 under Sections 363, 366A, 376(3)of the Indian Penal Code and Sections 4, 6 of POCSO Act passed by Additional Judicial Commissioner-IV, Special Judge POCSO, Ranchi in connection with POCSO Case No.147 of 2021.

2. Instant petition is based on compromise between both sides and a compromise petition is filed before the learned Court below to that effect and compromise has been entered into by I.A. No.8205 of 2023.

3. It is submitted by learned counsel on behalf of petitioner that this was a case of a love affair between the petitioner and O.P. No.3 aged 21 years who eloped with the petitioner and solemnized marriage and are now happily leaving together. Married has been consummated and the girl is pregnant and their conjugal life and the future of the child will be seriously affected if the present criminal proceeding is permitted to continue.

4. It is further submitted that the offence under Section 376 of the IPC or POCSO Act will not be made out as the F.I.R. was not lodged under these Sections. The case was initially registered as Mandar P.S. Case No.120 of 2021 under Sections 363, 36

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