The High Court quashed an FIR registered under Sections 354-B IPC and Section 8 of the POCSO Act following a voluntary compromise between the petitioner and the complainant, relying on a previous Division Bench ruling allowing such quashing in POCSO matters.
FIR No. 281 of 2022 and proceedings quashed subject to costs of Rs. 10,000/-
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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
Cr.MMO No. 623 of 2023 Decided on: 4th January, 2024
Chinta Mani .......Petitioner.
Versus
State of H.P and another
...Respondents
Coram
The Hon’ble Mr. Justice Virender Singh, Judge.
Whether approved for reporting?1
For the petitioner: Mr. Narender Guleria, Advocate. For the respondents: Ms. Leena Guleria, Dy. A.G. for respondent No.1. Mr. Loveneesh Thakur, Advocate for respondent No.2.
Virender Singh, Judge (Oral)
Petitioner-Chinta Mani has filed the present
petition, under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the ‘Cr.P.C.’), with a prayer to quash FIR No. 281 of 2022 dated 13.09.2022 (hereinafter referred to as the ‘FIR in question’), under Sections 354-B of the Indian Penal Code (hereinafter referred to as the ‘IPC’) and Section 8 of the Protection of Children from Sexual Offences Act (hereinafter referred to as the ‘POCSO’), registered with Police Station, Balh, District Mandi, H.P., as well as, proceedings resultant
1 Whether the reporters of Local Papers may be allowed to see the judgment? Yes.
2
thereto, which are stated to be pending before the Court of learned Special Judge (POCSO) Mandi, District Mandi, H.P. (hereinafter referred to as the ‘learned trial Court’) by way of Case No. 42 of 2022 in case titled as State of H.P. vs. Chinta Mani, on the basis of compromise.
3
respondent No.2, the FIR in question has been lodged and the police has investigated the matter and submitted the report under Section 173(2) Cr.P.C, which is pending adjudication before the learned trial Court.
4
5
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High Court Bar Association Welfare Fund, on or before 31st January, 2024. In case, petitioner fails to deposit the same within the stipulated period, then, the criminal proceedings pending against him before the learned trial Court will revive automatically.
January 4, 2024 ( Virender Singh ) (naveen) Judge
1 issue framed by the court
Whether an FIR and subsequent criminal proceedings under Sections 354-B IPC and Section 8 of the POCSO Act can be quashed based on a voluntary compromise between the parties?
Colour shows how this judgement treated each authority
Ranjeet Kumar vs. State of H.P and othersFollowed¶11
Cr.MMO No. 648 of 2023, Ranjeet Kumar vs. State of H.P and others, 08.12.2023
4 provisions across 3 enactments
Chinta Mani
State of H.P
another
Virender Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
