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2022 Supreme(HP) 58

SANDEEP SHARMA
Govind Singh, Son of Sh. Satpal – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Ms. Anubhuti Sharma, Advocate
For the Respondent:Mr. Sudhir Bhatnagar, Mr. Desh Raj Thakur And Mr. Arvind Sharma, Additional Advocate Generals With Mr. Kamal Kishore Sharma, Mr. Narender Thakur And Mr. Gaurav Sharma, Deputy Advocate Generals, Mr. Vinod Chauhan, Advocate.

ORDER :

By way of instant petition filed under Section 482 of the Code of Criminal Procedure, prayer has been made on behalf of the petitioner No.1 for quashing of FIR No.57 of 2017, dated 17.3.2017 under Sections 363, 366, 376 of IPC and Section 6 of the POCSO Act, registered at police Station Rampur, District Shimla, Himachal Pradesh as well as consequent proceedings pending adjudication in the Court of learned District and Sessions Judge (Special Judge, POCSO Act), Rampur, District Shimla, H.P.

2. Precisely, the facts of the case as emerge from the record are that FIR sought to be quashed in the instant proceedings came to be lodged at the behest of respondent No.2/complainant Smt. Meera Devi (hereinafter referred to as the complainant), who alleged that on 1.3.2017, petitioner No.1 namely, Govind Singh made her minor daughter to elope with him. She also alleged that petitioner No.1 committed sexual assault upon her minor daughter i.e. petitioner No.2/victim/prosecutrix against her wishes and as such, appropriate action in accordance with law be taken against petitioner No.1. After completion of the investigation, police presented the challan in the competent court of law, but bef

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