Sourav and Others v. State of Hp and Another
Case brief
What is this about?
The High Court of Himachal Pradesh allowed a petition to quash an FIR involving stalking and child sexual assault offences. Relying on precedent, the court held that despite the heinous nature of the offences, the settlement was in the best interest of the minor victim and petitioners. Consequently, the FIR and ancillary proceedings were quashed.
What did the court decide?
FIR No. 193 of 2022 and criminal proceedings pending/initiated thereunder were quashed.
What the court decided
Neutral Citation No. ( 2024:HHC:8419 )
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr. MMO No. 138 of 2024 Reserved on: 12.8.2024 Date of Decision: 12.9.2024.
Saurav and others ...Petitioners
Versus
State of H.P. and another
...Respondents
Coram
Hon’ble Mr Justice Rakesh Kainthla , Judge. Whether approved for reporting?1 No.
For the Petitioners : Mr. Nitin Thakur, Advocate. For the Respondents : Mr. Lokender Kutlehria, Additional Advocate General, for respondent No.1. Ms. Aanchal Sharma, Advocate, for respondent No.2.
Rakesh Kainthla, Judge
Issues for consideration
3 issues framed by the court
Whether the FIR registered for stalking under Section 354-D IPC and POCSO should be quashed based on a compromise.
Whether the compromise regarding non-compoundable sexual offences is in the best interest of the minor victim.
Whether the continuation of proceedings would adversely affect the mental and emotional well-being of the victim.
Parties & counsel
- petitioner
Saurav and others
- respondent
State of H.P.
- respondent
another
Coram
Case details
As recorded by the court registry
- Court
- Himachal Pradesh HC
- Decided on
- · September
- Registered
- Case no.
- CRMMO/138/2024
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