The case is called out.
Pursuant to the order of the Court dated 05.11.2019, opposite party no. 2 who was directed to be produced by Station House Officer, Police Station Beeghapur, District Unnao, is present before this Court.
The applicants have moved the present application under Section 482 Cr.P.C. challenging the FIR registered as Case Crime No. 172 of 2017, under Sections 363, 366 IPC and Sections 11(i), 12 of the POCSO Act, Police Station Beeghapur, District Unnao. Opposite party no. 2-Umesh Chandra is the father of applicant no. 2 who is alleged to have married with applicant no. 1 and conceived with pregnancy in the said wedlock.
The First Information Report has been lodged by opposite party no. 2-Umesh Chandra who claims the victim-his daughter, a minor, however in this joint application under Section 482 Cr.P.C. of applicant no. 1 and applicant no. 2, respectively Jageshwar and the victim of the alleged incident, the victim asserts herself as an adult, on the basis of High School Certificate which bears the date of birth of the victim as 03.07.2000. This is pertinent to note here that the incident is said to be of 03.04.2017.
In the present application, there is no doubt that on the date of incident the victim-girl was minor in terms of the Rules under the Juvenile Justice Act but so far as the circumstance is concerned in the trial, running on the basis of said FIR, lodged by father of the victim, namely, Sessions Trial No. 55 of 2017, State Vs. Jageshwar, under Section 363 and 366 IPC and Section 11(i), 12 of the POCSO Act, the statement is recorded by the POCSO Court on 19.03.2018. Copy whereof is annexed as Annexure no. 5 to the application wherein the girl asserts that the accused has never committed force upon her and she went to him on her own freewill. Even she flatly denied the statements recorded by the Investigating Officer during investigation as well as by the Magistrate when she was produced before him under Section 164 Cr.P.C.
Today, the accused and the victim-girl, on production by the police, are present before the Court. Her father, the complainant-opposite party no. 2 is also present. Learned AGA representing the State is also present. He emphatically stated before the Court about the fact as to the state of the victim having eight months' pregnancy.
The second aspect of the case, as informed by learned AGA for the State, is that while the victim was produced before the Court of Magistrate for recording the statement under Section 164 Cr.P.C., the radiological examination report with regard to age of the victim, was also submitted. Therefore, the victim-girl is claiming herself to be an adult and her assertion is supported with the bone age came out in the radiological examination.
Another fact emphatically stated before the Court is that the father-informant of the FIR, opposite party no. 2 in this application, in the changed circumstances, is not against the alleged marriage of his daughter alongwith accused-Jageshwar and with his consent, the victim and accused have entered into a compromise which is made annexure no. 6 to this application. Presently the victim is adult and the accused and the victim have entered into an agreement on 30.07.2019. No doubt while entering into the compromise, she is major and in a status of taking decision for her own by herself.
In view of the above, the trial court/Addl. Sessions Judge, court no. 7, POCSO Act, before whom the proceeding are running, may take into consideration the facts, as observed in the order, and dispose of the application for consideration of the compromise filed and entered into between the parties for the purpose to decide as to whether the proceedings may run or drop under Sections 363 and 366 IPC and Sections 11(i), 12 of the POCSO Act.
In view of the aforesaid circumstances as well as the law laid down by Apex Court in the case of Suhani and Another Vs. State of U.P. and Others decided on 26.04.2018 in Civil Appeal No. 4532 of 2018 [arising out of SLP(C) No. 8001 of 2018] and the statement made by the victim herself in the trial running before the court below, this application under Section 482 Cr.P.C. is disposed of with a direction to the court below to consider the compromise entered into between the parties to drop the proceedings.
Order Date :- 29.11.2019 kkv/