Point of Law : POCSO Act – Compromise – Quash of criminal proceedings.

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 before same could be taken to its logical end, petitioner No.1/accused and petitioner No.2 i.e. victim/prosecutrix solemnized marriage and out of their wedlock one child has born and as such, they both have approached this Court in the instant proceedings, praying therein for quashment of FIR as well as consequent proceedings, if any, pending in the competent Court of law.

3. Vide order dated 9.03.2022, this Court while directing the respondent-State to verify factum with regard to compromise, if any, arrived interse parties, also deemed it necessary to cause presence of the parties in the court, especially petitioner No.2 i.e. victim/prosecutrix and respondent No.2, Smt. Meera Devi, at whose instance FIR sought to be quashed came to be instituted, so that factum with regard to correctness and genuineness of the compromise placed on record could be ascertained.

4. Though, instructions on behalf of the respondent-State are still awaited, but petitioner No.2 i.e. victim/prosecutrix and respondent No.2/complainant, Smt. Meera Devi have come present.

5. Smt. Meera Devi, respondent No.2/complainant, who is present in Court and is being represented by Mr. Vinod Chauhan Advocate states on oath before this Court that she of her own volition and without there being any external pressure has entered into the compromise with petitioner No.1, whereby both the parties have resolved to settle their dispute amicably interse them. She states that since petitioner No.1 has already solemnized marriage with her daughter i.e. petitioner No.2/victim/prosecutrix and out of their wedlock one baby girl has born, she does not wish to prosecute the case further. She states that FIR sought to be quashed in the instant proceedings, is result of misunderstanding and since petitioner No.1 and petitioner No.2/victim/prosecutrix are living happy married life, she shall have no objection in case prayer made in the instant petition for quashment of FIR as well as consequent proceeding in the competent court of law is accepted. While admitting the contents of the compromise placed on record to be correct, she also admits her signature. Her statement is taken on record.

6. Petitioner No.2 i.e. victim/prosecutrix (name withheld) on oath states before this Court that FIR sought to be quashed in the instant proceedings, is result of misunderstanding and she of her own volition and without there being any external pressure has already solemnized marriage with petitioner No.1 and out of their wedlock one child has born and as such, she does not wish to prosecute the case further. She states that at present she is living happy married life with petitioner No.1 and as such, prayer made on behalf of her and her husband i.e. petitioner No.1 may be accepted. While admitting the contents of the compromi