Himachal HC quashes FIR after POCSO accused, victim solemnise marriage
Dec 08, 2023
Shimla (Himachal Pradesh) [India], December 8 : Himachal Pradesh High Court on Friday quashed an FIR filed under relevant sections of the Protection of Children from Sexual Offences (POCSO) Act and Indian Penal Code (IPC) after observing that the accused and the victim solemnised marriage and a 'compromise' was reached between both the parties.
The FIR was filed in March 2020 and the accused who was charged with kidnapping, rape and other offences including section 4 of POCSO, married the victim after she turned a major in March this year, the court noted.
A double bench of Justice Tarlok Singh Chauhan and Justice Satyen Vaidya of Himachal Pradesh High Court, hearing the petition filed by the petitioner Ranjeet Kumar, passed the order using powers under section 482 Cr.P.C.
"Resultantly, the petition is allowed and the FIR No. 39 of 2020, dated March 8, 2020, registered under sections 363, 376, 212, 120-B of the IPC and Section 4 of the POCSO Act, with the Indora police station, Kangra, and all consequential proceedings thereunder are quashed and set aside," read the court order.
Senior Additional Advocate General, IN Mehta said that the petition was earlier filed before a single judge bench of Himachal Pradesh High Court, who said that the FIR cannot be quashed on the basis of a 'compromise', before referring it to the double bench.
"Earlier this, the petition for quashing (of FIR) was filed before the single judge bench of Himachal High Court. (But), the single judge referred the case to the double bench saying that the FIR cannot be quashed on the basis of 'compromise'. So the double bench of the Hon'ble High Court said that when the compromise has been reached between both the parties and the victim and the accused want to live happily after solemnising marriage, it would be an injustice for the victim if the case cannot be dismissed," the senior Additional Advocate General said.
He said that the double bench noted that if justice is to be given to the victim and a message is to be given to the society then the FIR should be quashed.
Notably, the court in its order observed that the 'compromise' in a modern society is the sine qua non of harmony and orderly behaviour and that if the power under Section 482 of the Cr.P.C. is used to enhance such a compromise then it is "finest hour of justice".
"The compromise, in a modern society, is the sine qua non of harmony and orderly behaviour. It is the soul of justice and if the power under Section 482 of the Cr.P.C. is used to enhance such a compromise which, in turn, enhances the social amity and reduces friction, then it truly is finest hour of justice," the order read.
