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2018 Supreme(HP) 475

SANJAY KAROL
Sarvesh Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates Appeared:
For the Petitioner: Mr. H.R. Bhardwaj
For the Respondents: Mr. Adarsh Sharma, Mr. Sandeep Pandey

JUDGMENT :

Sanjay Karol, J.

This petition under Section 482 of the Code of Criminal Procedure (for short ‘Code’) has been preferred by the petitioner for quashing FIR No. 19/14 dated 23.4.2014, registered with Police Station, Chopal, District Shimla, H.P., under the provisions of Sections 363, 366-A, 354(D) and 120B of the Indian Penal Code and criminal proceedings pending before learned Special Judge (POCSO), Shimla, in Case No. 26-S/7 of 2017, titled as State of H.P. vs. Sarvesh Kumar alias Sonu.

2. It is alleged by the complainant that on 23.4.2014, at about 3.00 PM, his adopted daughter got missing and he filed a report. On the basis of this report, present FIR came to be registered against the present petitioner. Thereafter, in the month of August, 2016, petitioner and performa respondent alongwith two minor children came back to the house of complainant (father of performa respondent).

3. This petition stood filed on the premise that the matter now stands compromised between the present petitioner and the complainant (father of performa respondent).

4. When the matter came up before this Court on 21.5.2018, notice of the petition was issued to performa respondent.

5. Today, the cas


















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