JUDGMENT :

Heard Mr. Joshua Sheqi, learned counsel for the petitioner. Also heard Mr. Zakato Chishi, learned counsel for the private respondent and Mr. K. Angami, learned Public Prosecutor for the State of Nagaland.

2. This petition, under Section 482 of the Criminal Procedure Code, 1973 is preferred by Shri Khehoshe Chishi for quashing the proceeding of G.R. Case No. 71/2022, corresponding to Kohima Women P.S. Case No. 007/2022, under Sections 354A(i)/363/376 of the Indian Penal Code read with Sections 4/8 of the POCSO Act.

3. The factual background, leading to filing of the present petition, is briefly stated as under:-

“On 29.05.2022, one Smti X (name withheld), mother of a minor girl of New Market, Sector-II of Kohima, Nagaland, lodged one F.I.R. with the Women Police Station, North P.S., Kohima, alleging inter alia amongst others that on 28.05.2022, one unknown person forcefully took away her daughter from Lower Chandmari Colony, Kohima, while she was talking with her friend, Mr. Meyiewi, in Lower Chandmari and she was forcefully made to drink alcohol and thereafter, she was physically assaulted and raped by that unknown person on 29.05.2022, at around 3.00 a.m. Upon the said F.I.R., the Office-In-Charge, Women Police Station, Kohima, Nagaland, registered a case, being Women P.S. Case No. 007/2022, under Sections 354A(i)/363/376 of the Indian Penal Code read with Sections 4/8 of the POCSO Act, and endorsed one UBSI Viluobiano for investigation. During investigation, the I.O. has visited the place of occurrence and examined the witnesses and arrested the accused and remanded him to judicial custody. While the investigation was going on, the family members of the victim and the accused person had effected a compromise on 14.06.2022, and executed one compromise agreement also, which is being annexed with the petition as Annexure-‘C’, and on the basis of the same, the father of the accused, Shri Khehoshe Chishi, approached this Court by filing the present petition for quashing the enquiry proceeding in G.R. Case No. 71/2022, corresponding to Kohima Women P.S. Case No. 007/2022, on the ground that on that day, the accused and the victim shared alcohol drinks together and the victim did not revealed her age to the accused that she is 17 years old and thereafter, they willingly participated in the sexual act and that it was consensual and the parents of the accused and the victim decided to close the chapter, and therefore, this revision petition has been filed for quashing the criminal proceeding.”

4. Mr. Joshua Sheqi, learned counsel for the petitioner, submits that the petitioner has approached this Court on the basis of the compromise agreement, which is enclosed with the petition as Annexure-‘C’, and that the alleged incident had happened due to non-disclosure of her age by the victim and the act has been committed out of sheer ignorance and in free volition, clear conscience and without any influence, they decided to close the chapter and they approached this Court for quashing the proceeding by filing the present petition. Mr. Sheqi therefore, contended to allow the petition. Mr. Sheqi also refers two case laws-State Vs. Kaishar Ali, reported in 2019 SCC OnLine Del 9875 and Ranjit Rajbanshi Vs. The State of West Bengal and Ors. (C.R.A. No. 458 of 2018), to contend that the accused has committed the offence without knowing the age of the victim and as such, no offence under Sections 354A(i)/363/376 of the Indian Penal Code and Sections 4/8 of the POCSO Act can be said to be made out against the petitioner.

5. On the other hand, Mr. Zakato Chishi, learned counsel for the respondent No.2, submits that the respondent No.2 has no objection in the event of quashing the proceeding in view of the compromise agreement, which is enclosed with the petition as Annexure-‘C’.

6. Per contra, Mr. K. Angami, learned Public Prosecutor for the State of Nagaland, has vehemently opposed the petition and submits that the offence is heinous in nature