IMPORTANT POINT
The court established that voluntary consent from a victim, especially after marriage, can lead to quashing of FIRs under IPC and POCSO Act.

JUDGMENT :

HARPREET SINGH BRAR, J.

1. This petition has been filed under Section 482 of the Code of Criminal Procedure seeking quashing of FIR No. 128 dated 15.06.2018, registered for offences under Sections 363 and 366-A of the Indian Penal Code, 1866 and (Section 6 of Protection of Children from Sexual Offences Act, 2012 added later on) (for short “POCSO Act”), at Police Station Sadar Narwana, Annexure P-1, along with all subsequent proceedings arising therefrom, on the basis of affidavit (compromise) dated 05.03.2021, Annexure P-6.

2. The following order was passed on 16.11.2021:

“CRM-38332-2021

Prayer made in the application is for placing on record the statement of PW-9-victim-Nikita as Annexure P-9.

Application is allowed.

Statement of PW-9-victim-Nikita is taken on record as Annexure P-9.

CRM-M-15677-2021 (O&M)

Instant petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR No. 128 dated 15.06.2018, registered for offences under Sections 363 and 366-A of the Indian Penal Code, 1866 and (Section 6 of Protection of Children from Sexual Offences Act, 2012 (for short “POCSO Act”), at Police Station Sadar Narwana, Annexure P-1, along with all subsequent proceedings arising therefrom, on the basis of affidavit (compromise) dated 05.03.2021, Annexure P-6.

Counsel for the petitioner submits that FIR (Annexure P-1) has been registered on the statement of Rajinder Singh, uncle of the victim, on the allegation that his niece has been enticed by the petitioner on the pretext of marriage. Counsel urges that on perusal of the statements of victim, Annexures P-2 and P-3, recorded under Sections 161 and 164 Cr.P.C. respectively shows that victim had left her home and accompanied the petitioner of her own volition. Counsel has placed reliance upon victim’s testimony, Annexure P-9, to submit that while appearing in the witness box, she has reiterated that she had accompanied the petitioner on her own free will as she was in love with him and wanted to marry him and a false case has been registered against the petitioner by her uncle. A specific reference has been made by the counsel to victim’s deposition, Annexure P-9, to submit that she has categorically stated that petitioner never committed penetrative sexual assault upon her in the year 2018. Counsel submits that petitioner has further deposed that she solemnized the marriage with petitioner on 15.02.2021 after attaining the age of majority and now she is on the family way and her expected date of delivery is 26.11.2021. Counsel has referred to para 15 of the petition to submit that petitioner has not been declared as proclaimed offender in any case/FIR.

Notice of motion.

On asking of the Court, Ms. Mahima Yashpal, DAG, Haryana accepts notice on behalf of the State-respondent No. 1. Ms. Neha Dewan, Advocate has put in appearance and accepts notice on behalf of victim-respondent No. 2. She has affirmed the submissions made by counsel for the petitioner.

The parties and Investigating Officer are directed to appear before the Illaqa Magistrate/trial Court on 14.02.2022 or on any subsequent date to be fixed by the Court for getting their statements recorded with regard to the compromise. The Illaqa Magistrate/trial Court shall submit the report on or before the next date of hearing specifying the following:

1. the number of accused arraigned in the FIR and how many have appeared before it and have made statements and whether any accused is absconding/P.O. in the case;

2. the name of the complainant and injured/aggrieved and whether all of them have appeared and made their statements in support of the compromise;

3. the stage of trial/proceedings;

4. if the compromise is genuine, voluntary and out of free will of the parties;

5. whether any other criminal case is pending against the accused. Report of the Illaqa Magistrate/trial Court be awaited for 09.05.2022.”

3. Learned counsel for the petitioner submits that petitioner and complainant-prosecutrix have p