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2024 Supreme(HP) 440

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
Parvinder – Appellant
Versus
Sate of HP – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Ms. Shashi Kiran Advocate.
For the Respondent:Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocate Generals, Mr. Parveen Kumar Chanel, Advocate

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,

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