PREM KUMAR @ PREMDHAR RAI Vs. STATE OF PUNJAB AND OTHERS
LAWS(P&H)-2016-5-314
HIGH COURT OF PUNJAB AND HARYANA
Decided on May 03,2016

Prem Kumar @ Premdhar Rai Appellant
VERSUS
STATE OF PUNJAB AND OTHERS Respondents

JUDGEMENT

DAYA CHAUDHARY,J. - (1.) Petitioner-Prem Kumar @ Premdhar Rai has approached this Court by way of filing the present petition for quashing of FIR No. 45 dated 17.03.2013 registered under Sections 363, 366-A and 376 IPC and Section 4 of the Prevention of Children from Sexual Offences Act, 2012 at Police Station Sadar Hoshiarpur, District Hoshiarpur along with all consequential proceedings arising therefrom, on the basis of compromise.
(2.) Learned counsel for the petitioner submits that a compromise has been arrived at between the parties and no offence is made out under Sections 363, 366-A and 376 IPC. The FIR, in question, was registered at the instance of mother of the victim as she was not happy with the marriage of her daughter with accused Prem Kumar but subsequently, their marriage was accepted by the parents of victim and a female child was also born out of the said wedlock. Since the husband is in custody, the victim is residing with her parents.
(3.) On perusal of statements of the parties and especially, the statement of victim-Pooja, it is clear that she was having affair with accused-Prem Kumar and she went with him as per own free will and solemnized marriage. Out of the said wedlock, a female child was born on 26.04.2014. Earlier the parents of the victim were against the marriage but subsequently, they accepted the same and are now on visiting terms with each other.;


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