Madhya Pradesh High Court
Aakash vs The State Of Madhya Pradesh on 2 August, 2024
1 MCRC-29102-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI
ON THE 2 nd OF AUGUST, 2024
MISC. CRIMINAL CASE No. 29102 of 2024
AAKASH
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Mr. Durgesh Sharma - Advocate for applicant.
Ms. Bhagyashree Gupta - Govt. Advocate for the respondent / State.
Mr. Subodh Choudhary - Advocate for complainant.
ORDER
This petition under Section 528 of Bharatiya Nagarik Suraksha
Sanhita, 2023 for quashment of FIR No.201/2021 dated 15/04/2021
registered at Police Station Dhamnod, District Dhar for the offences under
Section 363, 366-A, 376(1), 376(2)(n), 344 and 376(3) of Indian Penal Code,
1860 and Sections 3/4, 5(L)/6 and 5(j)(ii)/6 of Protection of Children from
Sexual Offences Act, 2012, Sessions Trial No.21/2021 pending before
Special Judge, POCSO Act, Dharampuri, District Dhar (M.P.), charge sheet
and all subsequent proceedings thereto.
2. I.A.No.11122/2024 was filed under joint signatures of victim and
her mother and mother of the applicant supported by affidavits thereof. The
compromise petition was sent before the Principal Registrar of this Bench for
verification of the factum of compromise, who submitted his report that
2 MCRC-29102-2024
parties have entered into compromise voluntarily, without any threat,
inducement and coercion and they have amicably settled their disputes.
3. Learned counsel of the applicant submits that applicant and victim
have solemnized marriage and they are blessed with a son Vansh Barman
born on 09/12/2021. Apart from that, statements of prosecutrix (PW-2), her
mother (PW-1) and her father (PW-5) have also been recorded before the
Sessions Court, who have not supported the prosecution case. In the
aforesaid circumstances, learned counsel submits that for the ends of justice
no purpose will be served if criminal proceeding are permitted to continue.
On these contentions, learned counsel prays for quashment of FIR and all
subsequent proceedings arising therefrom.
4. Learned counsel for the State has vehemently opposed the prayer on
the ground that offence was committed on a minor girl of 14 years of age and
mere compromise will not wipe out the offence, therefore, prays for
dismissal of the petition.
5. Heard learned counsel for the parties and perused the record.
6. It is not in dispute that parties have entered into amicable
compromise and before the learned trial Court prosecutrix and her parents
have also not supported the prosecution case. It is also not in dispute that
they have solemnized marriage and have blessed with a son, therefore, no
fruitful purpose will be served by continuing the trial.
6. In the aforesaid circumstances, in view of the orders by co-ordinate
Bench of this Court in the case of Manglesh Vs. The State of Madhya
Pradesh and Others passed in M.Cr.C.No.14205 of 2024 dated 24/07/2024,
3 MCRC-29102-2024
Arvind Vs. The State of Madhya Pradesh and Another passed in
M.Cr.C.No.10074 of 2024 dated 18/03/2024 and the judgment by the Apex
Court in the case of Kapil Gupta Vs. State of NCT of Delhi & Anr. passed in
Criminal Appeal No.1217 of 2022 dated 10/08/2022, the petition is allowed
and FIR No.201/2021 dated 15/04/2021 registered at Police Station
Dhamnod, District Dhar for the offences under Section 363, 366-A, 376(1),
376(2)(n), 344 and 376(3) of Indian Penal Code, 1860 and Sections 3/4,
5(L)/6 and 5(j)(ii)/6 of Protection of Children from Sexual Offences Act,
2012, Sessions Trial No.21/2021 pending before Special Judge, POCSO Act,
Dharampuri, District Dhar (M.P.), charge sheet and all subsequent
proceedings thereto are hereby quashed in the interest of justice.
7. The petition is accordingly allowed and disposed off. Applicant is
discharged from all the charges.
Certified copy as per rules.
(BINOD KUMAR DWIVEDI)
JUDGE
Tej
