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2020 DIGILAW 188 (UTT)

Ravinder v. State Of Uttarakhand

2020-03-06

LOK PAL SINGH

body2020
JUDGMENT Lok Pal Singh, J. (Oral) - By means of present writ petition, moved under Article 226 of The Constitution of India , petitioners have sought a writ in the nature of certiorari to quash the FIR No.075 of 2020 registered at P.S. Ramnagar, District Nainital, relating to offences punishable under Section 11 and 12 of POCSO Act and section 354, 504 and 506 of IPC. 2. Respondent no.4 has lodged the F.I.R. against the petitioners leveling the allegation that petitioner no.1 committed indecent behaviour with his minor daughter and when he and his wife complaint about the said act, other petitioners abused and committed Marpeet with them. 3. I have heard learned counsel for the parties and have perused the material brought on record. 4. The legal position on the issue of quashing of criminal proceedings is well-settled that the jurisdiction to quash a complaint, FIR or a charge- sheet should be exercised sparingly and only in exceptional cases and Courts should not ordinarily interfere with the investigations of cognizable offences. However, where the allegations made in the FIR or the complaint even if taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused, the FIR or the charge-sheet may be quashed in exercise of powers under Article 226 or inherent powers under Section 482 of the Cr.P.C. 5. In the present case, a perusal of F.I.R. would reveal that no case is made out against the petitioners under Sections 11 and 12 of POCSO Act and section 354, 504, 506 of IPC. Furthermore, the parties have settled their dispute amicably and have entered into a compromise. Both the parties reside in the same vicinity and now the respondent no.4 does not want to pursue the case against the petitioners. Looking the case from all the angles, writ petition deserves to be allowed and the impugned FIR is liable to be quashed. 5. Accordingly, writ petition is allowed. Impugned FIR No.075 of 2020 registered at P.S. Ramnagar, District Nainital, relating to offences punishable under Section 11 and 12 of POCSO Act and section 354, 504, 506 of IPC, is hereby quashed. 6. No order as to costs. 7. Pending applications, if any, also stand disposed of.