Gaurav Nikhil vs State Of Himachal Pradesh And ...
2021 Latest Caselaw 771 HP

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Cr.MMO No.45 of 2021 Date of Decision: February 1, 2021.

.

Gaurav Nikhil ...Petitioner.

Versus State of Himachal Pradesh and others ...Respondents.

Coram:

The Hon'ble Mr. Justice Anoop Chitkara, Judge.

Whether approved for reporting?1 NO

For the petitioner: Mr. Jagat Pal, Advocate.

For the respondent: Mr. Rajinder Dogra, Senior Additional Advocate General, for the State.

Ms. Akanksha, Advocate, for Respondents No.4 and 5.

        FIR No. Dated           Police Station                       Sections




        101   of 7.6.2018       Dhalli, District Shimla, H.P.        363, 366-A of the
        2018                                                         Indian Penal Code.





    Anoop Chitkara, Judge.

The present petition has been filed by the petitioner under Section 482 of

the Code of Criminal Procedure for quashing of the above mentioned FIR, on the

basis of compromise.

2. The accused (petitioner herein), victim (respondent No.5) and mother of

the victim (respondent No.4), are present in Court. The victim, on interaction, told

that her Date of Birth as 22.8.2000. Thus, as per simple mathematics, on the date of

incident, she was under 18 years of age.

Whether reporters of Local Papers may be allowed to see the judgment?

3. After arguing for a considerable time, being the proposition of law

involved that whether a case involving a minor girl, can be compromised or not,

.

learned counsel for petitioner, seeks permission to withdraw the present petition.

Permission granted. Accordingly, petition stands disposed of as withdrawn with

liberty to file the same afresh under appropriate provisions of law.

Anoop Chitkara, Vacation Judge.

February 1, 2021 (ks).

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