P&H HC dismisses Petition for quashing of FIR in wake of charges having been framed against accused under POCSO Act

Read Order: Sanjeev Kumar v. State of Punjab and others 

Tulip Kanth

Chandigarh, November 26,2021: The Punjab and Haryana High Court has dismissed a Petition filed for quashing of FIR on the basis of compromise as the charges in the case which had been framed against the accused pertained to the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).

The petition was filed for quashing of FIR dated August 18,2021 lodged under Sections 354-A and 354-D of the IPC and Section 12 of the POCSO Act registered at Police Station Sadar Kurali, District SAS Nagar and the consequential proceedings arising out of the same, on the basis of compromise dated September 9, 2021 arrived at, between the parties.

By an earlier Order dated October 4,2021 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on October 26,2021 to get their statements recorded regarding the compromise arrived at, between them.

The Bench of Justice Manjari Nehru Kaul observed that though report had been received from the Trial Court qua the parties having arrived at a compromise, however, in the wake of charges having been framed against the petitioner under Sections 354- A and 354-D of the IPC and Section 12 of the POCSO Act during the interregnum period, this Court would not be inclined to quash the FIR in question on the basis of compromise.

Thus, the petition was dismissed.