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2021 Supreme(HP) 204

VIVEK SINGH THAKUR
Ashish Kumar – Appellant
Versus
State of H. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Vijender Katoch, Advocate, through Video Conferencing.
For the Respondents:Mr. Desh Raj Thakur, Mr. A.K. Sharma, Advocate

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 missin

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