Point of Law: Court cannot be a silent spectator to or turn its back on distressed family.

JUDGMENT :

Satyen Vaidya, J.

Heard.

2. By way of instant petition, a prayer has been made to quash FIR No. 17/2022, dated 21.04.2022, registered at Women Police Station Mandi, District Mandi, H.P., under Section 376(2)(n) of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act, 2012 ( for short “POCSO Act”) and also the Criminal proceedings of Case No. 20/2022, titled as State of H.P. Vs. Netar Pal, pending before learned Special Judge, (POCSO)-Mandi, H.P.

3. In Parbatbhai Aahir @ Parbatbhai Bhimsinghbhai Karmur and Others Vs. State of Gujarat and Another, (2017) 9 SCC 641, Narinder Singh and Others Vs. State of Punjab and Another, (2014) 6 SCC 466, State of Madhya Pradesh Vs. Laxmi Narayan and Others, (2019) 5 SCC 688 and lastly, in Ram Gopal Vs. State of M.P., (2021) SCC Online SC 834, the Supreme Court has elaborately expounded the scope of powers of this Court under Section 482 of the Code of Criminal Procedure, for the purposes of quashing of criminal proceedings on the basis of compromise between the parties in cases where the offence(s) involved are non-compoundable.

4. Thus, the legal proposition is well defined. Unless the cases fall in the excepted categories of heinous crimes delineated in aforesaid judgments, this Court in appropriate cases can quash such proceedings on the basis of compromise between the parties.

5. The case in hand belongs to a different category, where the offence alleged is not only of a rape on minor, but also involves the offences under POCSO Act. No doubt, the offences involved in the instant case are in the category of excepted offences declared in above noted judgments. However, the peculiar facts of the case as noticed hereafter require consideration so as to carve out yet another exception within the exception.

6. Presently the age of the petitioner is 22 years and the minor victim (hereinafter to be referred to as CV for the purposes of hiding her identity) is now 18 years 4 months old. Petitioner and CV had started residing as husband and wife since July/August, 2021, when CV was about 16 ½ years old and petitioner was about 20 years old. Though reluctantly, parents of both i.e. petitioner and CV had accepted their relationship.

7. CV became pregnant and was admitted in Civil Hospital, Mandi on 17.04.2022. She delivered a baby girl on 21.04.2022. CV was discharged from hospital on 23.04.2022. In the meanwhile, the Medical Officer attending upon CV had reported to the police about delivery of a baby by the minor girl. The police on such information registered FIR No. 17 of 2022. During investigation, police purportedly recorded the statement of CV and submitted report under Section 173 of Cr.P.C. Petitioner is now facing trial in Case No. 20/2022, before learned Special Judge, Fast Track Court (POCSO)- Mandi, H.P.

8. On 16.11.2022, a compromise deed was drawn between the parents of CV and petitioner. Keeping in view the fact of consensual relationship of CV and petitioner as also the consent of parents of both, it was decided to withdraw the allegations against petitioner as levelled in FIR No. 17 of 2022. On the basis of such background, the instant petition has been preferred.

9. Petitioner and respondents No. 2 to 4 were called before the Court in order to ascertain their respective stands. CV appeared before the Court on 28.03.2023, when she had already attained the age of maturity. She categorically stated that her marriage had been solemnized with petitioner and both of them were living as husband and wife with their girl child born on 21.04.2022. She had shown her interestedness in not prosecuting the petitioner. The parents of CV appeared before this Court on 17.05.2023. Both of them also endorsed the stand of CV and further reflected their acceptance to the relationship of CV with petitioner. They stated that both of them were happy with the fact that their daughter was married to petitioner and was living with him happily.

10. In above circumstances,