ORDER :

1. By way of instant petition, prayer has been made on behalf of the petitioners for quashing of FIR No. 09/20 dated 7.3.2020, under Sections 376 of IPC and Sections 4 and 6 of POCSO Act, registered with Women Police Station Dharamshala, District Kangra, H.P., as well as consequent proceedings, if any, pending before the court below, on the basis of compromise/amicable settlement arrived inter-se parties.

2. Averments contained in the petition, which is duly supported by an affidavit, reveal that FIR sought to be quashed in the instant proceedings came to be lodged at the behest of petitioner No.1-complainant (victim-prosecutrix), aged 17 years, who alleged that she studies in BA, 1st year, and knows petitioner No.2 Krishan Kumar for almost 1½ years. She also disclosed to the police that she had been talking continuously to petitioner No.2, who wanted to solemnize marriage with her. She alleged that one day, petitioner-accused took her towards Chamunda on his bike and sexually assaulted her on the pretext of marriage. She alleged that when she became pregnant, she informed petitioner No.2 but he blocked her on his mobile phone and refused to marry. She alleged that on 5.2.2020, she was taken to the hospital on account of pain in abdomen, where it transpired that she is pregnant. In the aforesaid background, FIR sought to be quashed in the instant proceedings, came to be instituted against the petitioner No.2. After completion of investigation, police presented challan in the competent court of law, but before same could be taken to its logical end, both petitioner No.1 and petitioner No. 2 have solemnized marriage on 30.9.2020 as is evident from Annexure P-3 and since then, they have been living happily together as husband and wife. Pleadings further reveal that petitioner No.1 has given birth to one female child, who is now one year old and as such, both the parties have approached this Court in the instant proceedings for quashing of FIR as well as consequent proceedings, if any, pending in the competent court of law.

3. Vide order dated 30.10.2021, this Court while issuing notices to the respondent-State deemed it necessary to cause presence of the petitioners, especially petitioner No.1-victim-prosecutrix as well as her mother petitioner No.3 so that factum with regard to correctness and genuineness of the compromise placed on record could be ascertained.

4. Pursuant to aforesaid order, petitioners have come present in the court. Petitioner No.1 Smt. Sakshi on oath states that she of her own volition and without there being any external pressure, has entered into compromise with the petitioner-accused. She states that after lodging of FIR, petitioner No.2 has solemnized marriage with her and at present, she alongwith her minor daughter is living happily with petitioner No.2. She states that FIR sought to be quashed is a result of mis-understanding because she herself wanted to solemnize marriage with petitioner No.2. She further states that she had developed physical relations with petitioner No.2 prior to her marriage of her own volition and consent. She states that since petitioner has solemnized marriage with him and she has one minor child to take care, she does not wish to prosecute the case further and as such, shall have no objection in case prayer made in the instant petition for quashing of FIR as well as consequent proceedings is accepted. Petitioner No.3 Savita, who happens to be mother of victim-prosecutrix also states that since her daughter Smt. Sakshi has solemnized marriage with petitioner No.2 Krishan Kumar and they are living happily, she shall have no objection in case prayer made in the instant petition for quashing of FIR as well as consequent proceedings is accepted and petitioner-accused is acquitted of charges framed against him. Their statements made on oath are taken on record.

5. Mr. Desh Raj Thakur, learned Additional Advocate General, while placing on record communication dated 6.11.2021, re