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2022 Supreme(HP) 10

CHANDER BHUSAN BAROWALIA
Om Singh S/o Sh. Mathka Ram – Appellant
Versus
State Of Himachal Pradesh Through Secretary (Home) Shimla – Respondent


Advocates:
Advocate Appeared:
For the Appellant :MR. C.S. THAKUR, ADVOCATE
For the Respondent:MR. SHIV PAL MANHANS, MR. BHUPINDER THAKUR, DY. ADVOCATE GENERAL

ORDER :

The present petition is maintained by the petitioners under Section 482 of the Code of Criminal Procedure (hereinafter to be called as “the Code”) for quashing of F.I.R No.88 of 2020, dated 21.11.2020, under Section 376 of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences Act, 2012, registered at Police Station Pachhad, District Sirmour, H.P. alongwith all consequent proceedings arising out of the said F.I.R., pending before the learned trial Court.

2. Briefly stating the facts, giving rise to the present petition, as per the prosecution story, are that child victim alongwith her mother i.e. Smt. Kamla Devi and her father Sh. Rajesh Kumar, came to the Police Station and made a written complaint wherein Rajesh Kumar-complainant made a statement, under Section 154 of the Code of Criminal Procedure alleging therein that he is an agriculturist by profession. It is further alleged in the complaint that he is having two daughters, one son and child victim is his eldest daughter, who is about 15 years and studying in 9th Class. On 16.11.2020, when her daughter came back to her home from the petitioner’s house, his wife Smt. Kamla Devi suspected t

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