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2021 Supreme(HP) 593

SANDEEP SHARMA
Sakshi, D/O SH. Manish Kumar – Appellant
Versus
State OF H. P. Through Secretary (Home To The Government OF Himachal Pradesh – Respondent


Advocates:
Advocate Appeared
For the Appellant :MR. Mukul Sood, Advocate
For the Respondent: MR. Desh Raj Thakur, WITH MR.Gaurav Sharma & MR. Narender Thakur

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 5.2.202

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