Rajat vs State Of Himachal Pradesh And ...
2021 Latest Caselaw 794 HP

                                              1




         IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                  Cr.MMO No.34 of 2021
                                  Date of Decision: February 2, 2021.




                                                                         .

    Rajat
                                                                 ...Petitioner.





                                  Versus
    State of Himachal Pradesh and another
                                                                ...Respondents.
    Coram:





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

    Whether approved for reporting?1 NO

    For the petitioner : Mr. Vinod Chauhan, Advocate.

    For the respondents: Mr. Anil Jaswal, Additional Advocate General, for the
                         State.

                          Respondent No.2 is present in person.



    FIR No. Dated              Police Station                     Sections




    239   of 5.8.2019          Paonta       Sahib,       District 376 and 366 of the
    2019                       Sirmaur, H.P.                      Indian Penal Code.





    Anoop Chitkara, Judge (oral)

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, on the grounds that the victim is finding it difficult to get a

match.

2. The accused (petitioner herein) and victim (respondent No.2), are present

in Court.

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

3. As per provisions of Section 228-A of the Indian Penal Code, the name

of the victim is always kept secret, as such, it cannot be a valid ground for quashing

.

of the FIR and pending proceedings.

4. 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 Accordingly, present petition stands disposed of as withdrawn

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

Anoop Chitkara, Vacation Judge.

February 2, 2021 (ks).