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2022 Supreme(HP) 762

SANDEEP SHARMA
Jagdeep Singh – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates Appeared:
For the Petitioners: Mr. Anup Rattan and Mr. Arsh Rattan.
For the Respondents: Mr. Sudhir Bhatnagar, Mr. Sunny Dhatwalia, Mr. Arun Kaushal.

JUDGMENT :

(Sandeep Sharma, J.)

1. By way of instant petition, prayer has been made on behalf of the petitioners for quashing of FIR No.198/2021, dated 1.6.2021, under Sections 363, 366 and 376 IPC read with Section 4 of the POCSO Act, registered with Police Station Sadar Una, District Una, 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 Ms. Samriti, who alleged that her elder sister Damini (petitioner No.2) has gone missing and she has apprehension that petitioner No.1 Jagdeep Singh has made her elope with him on the pretext of marriage and as such, appropriate action in accordance with law be taken against him. Since above named Ms. Samriti requested the police not to lodge the FIR, same was not lodged at the first instance, rather FIR came to be subsequently lodged on the basis of statement made by petitioner No.2 Damini, who while recording her statement made under Section 161 Cr.PC, disclosed to

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