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2021 DIGILAW 183 (HP)

Pankaj Kumar & Anr. v. The State Of Himachal Pradesh & Ors.

2021-03-26

ANOOP CHITKARA

body2021
JUDGMENT Anoop Chitkara, J. - The present petition has been filed jointly by the accused (petitioner No.1) and the victim (petitioner No.2) on the grounds that they have compromised the matter as they have solemnized the marriage with each other. 2. Although, this petition has been filed jointly by the accused and the victim as petitioner No.1 and petitioner No.2 respectively, but today Mr. Satinder Paul, learned Advocate has put in appearance on behalf of the victim, whereas Mr. Sandeep Chauhan, learned Advocate confines his appearance on behalf of petitioner No.1 only and he withdrew his power of attorney on behalf of petitioner No.2, who is the victim. 3. I have heard Mr. Sandeep Chauhan, learned Advocate for petitioner No.1, Mr. Satinder Paul, learned Advocate for petitioner No.2 and Mr. Nand Lal Thakur, learned Additional Advocate General, on behalf of respondents No.1 to 3/State. 4. Petitioner No.2, the victim is present in Court. I have interacted with her in camera. All the male Advocates had been requested to leave the Court room and in the Court one female Private Secretary and one female Law Intern are present apart from the learned counsel for the parties. The victim states that she had made the previous statement in the trial Court due to fear of Police and under pressure of her parents. However, since her statement stands recoded in the trial Court, this Court does not propose to record her statement in this petition. 5. Since the trial is pending, this Court does not comment on the compromise, leaving it open to the parties to agitate it at an appropriate stage. 6. After arguing for a considerable time, learned counsel for the petitioner, under instructions, seeks permission to withdraw the present petition with liberty to place on record the documents regarding the factum of marriage between petitioner No.1 and petitioner No.2, before the trial Court, with further liberty to move an appropriate application on behalf of the accused before the trial Court. If such an application is within the legal parameters, it is always open for the accused to do so. 7. In view of the above submissions, learned counsel for the petitioner is permitted to withdraw the present petition. Leave and Liberty, as prayed for, reserved. 8. Accordingly, the present petition is dismissed as withdrawn, so also pending application(s), if any. Copy Dasti.