Netar Pal vs State of H. P. - 2023 Supreme(HP) 263

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(HP) 263

SATYEN VAIDYA
Netar Pal – Appellant
Versus
State of H. P. – Respondent

Advocates:
Advocate Appeared:
For the petitioner:Mr. Kishore Pundeer, Advocate
For the Respondent:Mr. B.N. Sharma, Mr. Pradeep K. Sharma, Advocate.

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