Vishal vs State of Himachal Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(HP) 648

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE RAKESH KAINTHLA
Vishal – Appellant
Versus
State of Himachal Pradesh – Respondent

Advocates Appeared:
For the Petitioner:Mr. R.L. Chaudhary, Advocate.
For the Respondents:Mr. Lokender Kutlehria, Additional Advocate General, Mr. Raju Ram Rahi, Advocate.

JUDGMENT :

(Rakesh Kainthla, J.)

The present petition has been filed for quashing the FIR No. 159 of 2024 dated 14.11.2024 registered against the petitioner at Police Station Dharampur, District Solan (H.P) for the commission of offences punishable under Sections 137(2) and 64 of Bharatiya Nyaya Sanhita (“in short BNS”) and Section 6 of Protection of Children from Sexual Offences (POCSO) Act. It has been asserted that the parties have entered into a compromise on 30.12.2024. It was agreed that marriage between the petitioner and respondent No.5 would be solemnised after attaining the age of majority. The informant, the mother of the victim, also agreed to the compromise. The victim had misled the petitioner by saying that she was aged 18 years, and this fact was also mentioned in the status report filed by the police. Therefore, it was prayed that the present petition be allowed and the petition be quashed based upon the compromise effected between the parties.

3. I have heard Mr R.L. Chaudhary, learned counsel for the petitioner, Mr Lokender Kutlehria, learned Additional Advocate General for respondents No.1 to 3-State and Mr Raju Ram Rahi, learned counsel for respondents No. 4 & 5.