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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
VIVEK SINGH THAKUR, J.
Ashish Kumar – Appellant
Versus
State of H.P. & others – Respondents
Cr.MMO No. 144 of 2021
Decided on : 27-04-2021
Criminal Procedure Code, 1973 - Section 482 - Indian Penal Code, 1860 - Sections 363, 366, 376 and 506 - Prevention of Children from Sexual Offences Act - Sections 4 and 6 – Offence of Kidnapping – FIR - Compromise deed - Respondent No.2, vide separate statement, placed on record, has stated that petitioner is her husband, who is an accused in FIR lodged by her grandmother, respondent No.3 - Further stated that she and petitioner were knowing each other and were having love affairs with intention to marry, however, they were suspecting that her grandmother would marry her somewhere else therefore she had gone along with petitioner in his relations without telling any member of her family, whereupon, her grandmother thought that she was missing or some wrong had happened with her, and therefore, she lodged an FIR in Police Station whereupon, police had conducted investigation and she was found in house of relations of petitioner and at that time, she was two months short for completing her age of discretion therefore a criminal case was made out against petitioner and he was arrested and later on, was enlarged on bail.
Finding of the court: At time of eloping with petitioner, respondent No.2 was 17 years and 10 months old therefore for minority of respondent No.2, criminal case, as registered, has been made out. Otherwise, two months later, for attaining age of discretion by respondent No.2, in same circumstances, no case would have made out, as can be easily gathered from statement of respondent No.2 recorded, on oath, in this Court. Not only respondent No.2 but her grandmother has also found petitioner as a suitable match for respondent No.2, after knowing about love-affair of petitioner and respondent No.2 and, thus, has organized their marriage willingly and has come alongwith couple today to attend Court and has endorsed statements of petitioner and respondent No.2 for withdrawing FIR and closing the criminal proceedings arising thereto. Couple is living happily under one roof with their two years old small kid.
Result: Petition allowed
JUDGMENT :
This petition has been preferred under Section 482 Cr.P.C. for quashing of FIR No. 37 of 2018, dated 9.5.2018, registered under Sections 363, 366, 376 and 506 of Indian Penal Code (hereinafter in short ‘IPC’) and Sections 4 and 6 of Prevention of Children from Sexual Offences Act (in short ‘POCSO Act’) at Police Station Panchrukhi, District Kangra HP and quashing of proceedings initiated in pursuant thereto pending in the concerned Court.
2. Respondent No.2 Shabnam as well as respondent No.3/complainant Champa Devi, duly identified by their counsel Mr.A.K. Sharma, Advocate, are present through Video Conferencing.
3. Respondent No.2-Shabnam, vide separate statement, placed on record, has stated that petitioner Ashish Kumar is her husband, who is an accused in FIR lodged by her grandmother, respondent No.3. She has further stated that she and Ashish Kumar were knowing each other and were having love affairs with intention to marry, however, they were suspecting that her grandmother would marry her somewhere else and, therefore, she had gone along with Ashish Kumar in his relations without telling any member of her family, whereupon, her grandmother thought that she was missing or some wrong had happened with her, and therefore, she lodged an FIR in Police Station Panchrukhi on 9.5.2018, whereupon, police had conducted the investigation and she was found in house of relations of Ashish Kumar and at that time, she was two months short for completing her age of discretion and, therefore, a criminal case was made out against Ashish Kumar and he was arrested and later on, was enlarged on bail. She has also stated that after some time, succumbing to their wishes, her grandmother agreed to marry them and she arranged their marriage on 3rd February, 2019 which has been registered in the Panchayat also and after marriage, she and Ashish Kumar are residing happily with her in-laws and they have also been blessed with one son Harshit, who was born on 15th July, 2019 and further stated that now she is residing happily with her husband under one roof and, therefore, she does not intend to continue the criminal proceedings against her husband which would be destructing not only her life but also the life of their son and her grandmother has also realized the mistake committed by her on account of misunderstanding and therefore, she is also agree to withdraw the FIR for compounding the case for betterment of her life and in the interest of her entire family including her husband and son and she (grandmother) has also come with her to Shimla. She has stated that compromise is out of her free will, consent and also without any kind of threat, coercion or pressure etc.
4. Respondent No.3/complainant Champa Devi has also stated in her statement that she is grandmother of Shabnam, whose father had expired 10 years ago and her mother had left the house and only she is looking after Shabnam as well as her younger brother. She has stated that in the year 2018, Shabnam had eloped with Ashish Kumar with intention to solemnize marriage, but she was not knowing about her love affairs and therefore, she had lodged the FIR, but, later on she came to know about reality and therefore, their marriage was solemnized with her consent and endorsed the statement made by Shabnam to be true and correct. She has further stated that she has deposed in the Court out of her free will, consent and also without any kind of threat, coercion or pressure etc.
5. Petitioner Ashish Kumar, vide separate statement, has endorsed the statements of Shabnam (respondent No.2) as well as complainant (respondent No.3) to be true and correct and has further stated that he undertakes to keep his family including his wife and child/children with care, love and affection. He has further stated that he has made the statement and compromised the matter out of his free will, consent and also without any kind of threat, coercion or pressure etc.
6. Quashing of FIR in present petition has
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