ORDER

Principal Registrar of this court has submitted the report regarding verification of factum of compromise.The dispute has been amicably settled between both the parties and they have entered into compromise with their free will and there is no undue influence, pressure, force duress or coercion over the parties who entered into amicable settlement, but section 344 of IPC is compoundable and offence under section 363, 366, 376, 376(2)(n) of IPC and offences under sections 5(L)/6, 5(J)(ii) of POCSO Act are non compoundable.

2 With consent of both the parties, matter has been heard finally.

3 The petitioner has preferred this petition under Section 482 of Code of Criminal Procedure, 1973 (in short 'Cr.P.C.') for quashment of FIR dated 13.5.2021 arising out of Crime No. 176/2021 registered at Police Station Balakwada District Khargone under Sections 363, 366, 344, 376, 376(2)(n) of the Indian Penal Code, 1860 (in short 'IPC'), section 5L, 6, 5J(ii) of POCSO Act and all other proceedings arising therefrom.

3- The facts of the case in brief are that on 12.5.2021 father of prosecutrix lodged a missing person report at Police station Balakwada by stating that his minor daughter/prosecutrix is missing from home. During investigation prosecutrix was recovered from possession of present applicant and it has been gathered that applicant has abducted prosecutrix and took her with him to Sitamau and Mandsaur kept her in a hut and committed rape upon her due to which she became pregnant. Thereafter a child was born. Accordingly offence has been registered against the applicant.

4 Counsel for petitioner submits that matter has been amicable settled between both the parties and they have filed compromise petition i.e. IA No. 4986/2024 by stating that they got married and living as husband and wife.

Offences under section 363, 366, 376, 376(2)(n) of IPC and section 5(L)/6, 5(J)(ii) of POCSO Act are non compoundable offences but since the matter has been amicable settled between the parties and they have entered into the compromise and living as husband and wife therefore, no dispute exists between them. Hence he prays that FIR and charge sheet and all subsequent proceedings be quashed.

5 Learned counsel for the State / respondent No.1 opposed the prayer and prays for its rejection.

6 Learned counsel for the respondent No.2 agreed that since the matter has been amicably settled between both the parties, therefore, the aforesaid proceeding be quashed in the interest of future matrimonial welfare of both the parties.

7 After going through the aforesaid guidelines and also taking into consideration the facts and circumstances of the case and applying them in the present case, this Court is of the considered opinion that since the factum of compromise between the petitioner and the prosecutrix / respondent No.2 has been duly verified by the Principal Registrar of this Court on 4.4.2024 and Principal Registrar has submitted a report that both the parties have entered into the compromise voluntarily, without any threat, inducement and coercion from the other side. They have amicably settled the dispute. The parents (PW-2) and (PW-3) of prosecutrix have been examined before the trial court and they have categorically stated that prosecutrix has got married with the present applicant and they are living together as husband and wife.

8 Hon'ble the apex Court in the case of Gyan Singh Vs. State of Punjab and Others reported in (2012) 10 SCC 303, wherein it has been held that the criminal proceedings can be quashed by the Court, if the Court is satisfied that matter has been settled between the parties amicably and parties are interested to restore peace and harmony between them, then the subject crime number and incidental proceedings thereto be quashed.

9 Hon'ble Supreme Court in the case of Narender Singh and others Vs.

State of Punjab and another reported in (2014)6 SCC 466 has held as under:-

“In view of the aforesaid discussion,