The court may quash FIRs in cases involving serious offences if the parties have resolved their dispute amicably and the likelihood of conviction is minimal.

JUDGMENT :

Sandeep Sharma, J.

1. By way of instant petition filed under Section 4 82 of the Code of Criminal Procedure, prayer has been made on behalf of petitioner for quashing of FIR No.29 of 2021, dated 03.08.2021, under Sections 363 , 366, 376 & 506 of INDIAN PENAL CODE and Section 4 of POCSO Act, registered at Police Station Solan, District Solan, H.P., as well as consequent proceedings, pending adjudication in the competent court of law, on the basis of the compromise arrived inter se parties, whereby they have resolved to settle their dispute amicably inter se them.

2. Precisely, the facts of the case, as emerge from the record are that FIR sought to be quashed in the instant proceedings came to be lodged at the behest of respondent/complainant No. 2 Krishan Singh (hereinafter to be referred to as 'complainant), who alleged that her daughter, who is studying in Class 10+1 at Dayanand Adarsh, Vidyalaya, Solan, has been sexually assaulted against her wishes on 27.07.2021 by the petitioner- accused. Complainant alleged that petitioner-accused had forcibly entered into the room of her daughter and thereafter, sexually assaulted against her wishes. In the aforesaid background, FIR, as detailed herein above, came to be lodged against the petitioner-accused under relevant provision of INDIAN PENAL CODE /POCSO Act.

3. Though, after completion of investigation, Police has already presented challan in the competent court of law against the petitioner-accused under Sections 363 , 366, 376 & 506 of INDIAN PENAL CODE and Section 4 of POCSO Act, but before the same could be taken to its logical end, parties have entered into compromise, whereby they have resolved to settle their dispute amicably interse them and as such, petitioner-accused has approached this Court in the instant proceedings, for quashing of FIR as well as consequent proceedings, if any, pending adjudication in the competent court of law.

4. Pursuant to notices issued in the instant proceedings, respondent-State has filed status report, which is silent about the compromise arrived, if any, interse parties. However, respondents No. 2 and 3 have come present and are being represented by Mr. Parveen Kumar Chandel, Advocate. Complainant Krishan Kumar, who happens to be father of the victim-prosecutrix, states on oath that he of his own volition and without any external pressure has entered into compromise with the petitioner-accused, whereby both the parties have resolved to settle their dispute amicably interse them. He states that FIR sought to be quashed is a result of misunderstanding. He states that after lodging of FIR, it came to his knowledge that no wrong, if any, was committed upon his minor daughter by the petitioner-accused, who otherwise had been talking with his daughter for last few months. He states that since no wrong was committed upon his daughter by the petitioner-accused, he does not want to prosecute the case further and shall have no objection in case, prayer made on behalf of the petitioner-accused for quashing of FIR through instant petition is accepted and he is acquitted of charges framed against him. While admitting contents of compromise placed on record to be correct, he also admits his signatures thereupon. His statement is taken on record.

5. Victim-prosecutrix states on oath that she of her own volition and without any external pressure has entered into compromise with the petitioner-accused, whereby both the parties have resolved to settle their dispute amicably interse them. She states that FIR sought to be quashed is a result of misunderstanding and at no point of time wrong, if any, was committed upon her by the petitioner-accused, who otherwise had been