IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

202 CRM-M-48377-2025 (O&M)

Date of Decision: 11.11.2025 NAVISH DAMANA ALIAS NAVEESH ALIAS NISHU ....Petitioner VERSUS STATE OF PUNJAB AND ANOTHER ....Respondents(s)

CORAM : HON’BLE MR. JUSTICE ALOK JAIN Present : Mr. Vishal Sharma, Advocate for the petitioner.

Mr. Amandeep Samra, AAG, Punjab.

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ALOK JAIN, J. (Oral)

1. The present petition has been filed under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 seeking quashing of the FIR No.41 dated 10.04.2023 (Annexure P-5), under Sections 363, 366, 376, 120-B, 109, 315 IPC and Section 6 of Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as POCSO Act), registered at Police Station Garhshankar, District Hoshiarpur along with all subsequent proceedings arising there from.

2. The learned counsel for the petitioner factually narrates the mat-

ter by referring to the contents of the FIR, which are as follows: “Sir, it is submitted as under: - (1) That the complainant is having date of birth 24.08.2004 and was studying at Kanya Vidyalya High School, Garhshankar, (2) That the present complaint is with regard to the occurrence dated 18.12.2021 and continued upto 29.07.2022. At the time of occurrence, the complainant was the age of 17 years 04 months. (3) That as stated above that was student of Kanya Vidyala High School, Garhshankar and the accused Naveesh @Nishu s/o Lekh Raj, who was private driver of wine Contractor in the month of December, 2021 the accused Naveesh @Nishu started to contact with the complainant on the road and on the way, as and when she was going to school. Ultimately, accused No. 1 induced the complainant to have friendship with him and on his inducement, the accused No. 1 proposed the complainant on 18.12.2021 to be his friend. As the complainant was minor at that time, so the complainant was unable to foreseen the consequences of this act and conduct of accused No. 1. (4) That on the inducement of accused No. 1, the complainant and accused No. 1 became friends and in the mid of December, 2021, the accused No. 1 took the complainant to his work where he used to work, which was situated on the Chandigarh Road and he took the complainant on the first floor of the office and started the act of sexual assault on the complainant, to which the complainant tried to stop him from doing such acts, but the accused No.1 over powered the complainant he committed rape upon the complainant in his office against the consent and wish of the complainant. The accused no.1 started saying that as he wants to marry the complainant and he gained her confidence due to immaturity of the complainant could not foreseen the consequences and the deception given by the accused by giving false promise of marriage by saying that as he wants to marry the complainant, so she did not disclose this fact to her parents at that time. (5) That once again on 26.12.2021 the accused no.1 again took the complainant to his office and committed sexual intercourse on her, by saying that as he wants to marry her, then there is no wrong in the act. The complainant taken the words of the accused no.1 as true and due to immaturity and on the pretext of promise to marry. The accused No.1 committed sexual intercourse with the complainant. The accused No.1 repeatedly committed the sexual intercourse with the complainant many time under the promise to marry her and the acts of sexual intercourse continued upon the complainant many times till the month of July, 2022. (6) That the complainant called the accused No. 1 in the first week of January 2022 and said that she told about everything to her mother and as the accused assured to marry the complainant and asked him to meet her family to decide about the future. The complainant also requested the accused no.1 to arrange meeting of both the families in this regard but the accused no. 1 did not give any satisfactory reply to the request of the complainant. (7) That then the complainan