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2021 Supreme(HP) 963

CHANDER BHUSAN BAROWALIA
Roshan Lal S/o Sh. Shriniwash – Appellant
Versus
State Of Himachal Pradesh Through Secretary (Home) to the Government of Himachal Pradesh – Respondent


Advocates Appeared:
For the Petitioners:Mr. Jagat Paul, Advocate.
For the Respondents:Mr. Arvind Sharma, Additional Advocate General with Mr. Amit Kumar Dhuma, Deputy Advocate General, R-1 to R-3, Yashav Kumar, Advocate, For R-4.

ORDER :

1. The present petition is maintained by the petitioner under Section 482 of the Code of Criminal Procedure (hereinafter to be called as “the Code”) for quashing of F.I.R No.108 of 2020, dated 14.8.2020, under Section 354-A of the Indian Penal Code and Section 8 Protection of Children from Sexual Offences Act, 2012 (POCSO) of registered at Police Station Baijnath, District Kangra, 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 respondent No.4 made a complaint to the police alleging therein that on 14.8.2020, at place Nohra, Tehsil Baijnath, District Kangra, petitioner stopped her with intent to outrage her modesty. Pursuant thereto, statement of respondent No.4 came to the Police Station for lodging FIR against the petitioner. Now, the parties have entered into a compromise, vide Compromise Deed (Annexure P-4) dated 1.9.2020 stating therein that complainant/respondent No.4 herein through her father do not want to pursue the case against the petitioner. Hence, the present petition.

3. Learned counsel for

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