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SUVIR SEHGAL
Nardeep Singh Cheema @ Navdeep Singh Cheema – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Suvir Sehgal, J. (Oral) - Instant petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR No.145 dated 23.07.2019, registered for offences under Sections 363 and 366-A of the Indian Penal Code, 1860 (for short 'IPC'), however, later on Section 376, IPC and Section 4 of Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act') were added, at Police Station Dehlon, District Ludhiana, Annexure P-1, on the basis of the affidavits dated 16.12.2019, Annexure P-2 (colly).
2. FIR, Annexure P-1, has been registered on the basis of statement of father of two school going minor girls, 'J' (date of birth 13.09.2001) and 'M' (date of birth 20.06.2004), names withheld, on the allegation that in the evening on 22.07.2019, they went to a market in connection with some school work, but did not return and despite search, they could not be located. Nardeep Singh Cheema @ Navdeep Singh Cheema, present petitioner, wanted to get married to 'J', but she refused and he often used to trouble her along with his friend, Gurpeet Singh, who was interested in marrying 'M'. Complainant's daughters had told him of these facts and he susp
The main legal point established is that the offences under the POCSO Act and IPC Section 376 cannot be quashed based on a compromise or subsequent marriage, as this would defeat the legislative obje....
Consent of minor irrelevant under POCSO; non-compoundable sexual offences against minors cannot be quashed under Section 482 CrPC based on compromise or marriage promise.
The consent of a minor is of no consequence for the purpose of sexual relationship, and the allegations of sexual assault are not affected by subsequent events such as marriage.
The court established that voluntary consent from a victim, especially after marriage, can lead to quashing of FIRs under IPC and POCSO Act.
Powers under Section 482 Cr.P.C., should be exercised in rarest of rare cases and not, on basis of alleged compromise in heinous offences.
The court can quash an FIR under Section 376 of Indian Penal Code and under Section 4 of the Protection of Children from Sexual Offences Act (POCSO Act) based on the settlement of dispute between the....
Allegations of sexual offences raised after significant delay post-marriage were found unsustainable, indicating potential misuse of the PoCSO Act.
Settling matters amicably and marriage between parties can warrant quashing of charges under IPC and POCSO.
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