X vs State Of H.P. & Ors on 7 May, 2019

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Himachal Pradesh High Court

X vs State Of H.P. & Ors on 7 May, 2019

Bench: Tarlok Singh Chauhan

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MMO No. 244 of 2019.

Date of decision: 07.05.2019.

           X                                                              .......Petitioner





                                       Versus

    State of H.P. & Ors.                                                  ......Respondents

    Coram

The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge. Whether approved for reporting?1 No. For the Petitioner : Mr. Kulbhushan Khajuria, Advocate.

For the Respondents : Mr. Vinod Thakur, Addl. A.G. with Mr. Bhupinder Thakur and Ms. Svaneel Jaswal, Dy. A.Gs. and Mr. Ram Lal Thakur, Asstt. A.G. Tarlok Singh Chauhan, Judge (Oral).

By medium of this petition, the father of the victim has sought quashing of the FIR that was lodged by him at the time when his daughter was kidnapped. Now, that the daughter of the petitioner has been married somewhere else and her in-

laws are not aware of the proceedings pending before the learned Trial Court, he seeks quashing of the FIR so lodged by him as he apprehends that, in case, in-laws of her daughter came to know regarding the FIR, the same would adversely effect her matrimonial life.

Whether the reporters of the local papers may be allowed to see the Judgment? Yes.

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2. I find great deal of substance in the said petition.

Nobody's past should be permitted to haunt her future. Not .

everybody in the world can be very understanding, especially, when victims of sexual offences are treated as abettors of the crime. It would rather be unfortunate that the matrimonial bliss in which the victim's happiness lies is permitted to be disturbed.

3. Therefore, taking into consideration the entirety of facts and circumstances, the FIR No. 213 of 2017, dated 16.08.2017, registered at Police Station Sadar, District Chamba, H.P. alongwith consequential proceedings pending in the Court of learned Chief Judicial Magistrate are ordered to be quashed and set aside.

4. The petition is disposed of in the aforesaid terms.

5. Taking into consideration the facts and circumstances of the case, it would be better if the petitioner is kept in the realm of anonymity, therefore, the Registry is directed not to reflect the name of the petitioner in the cause title of the petition and instead reflect the same as 'X' in the cause title.

    May 7, 2019                              (Tarlok Singh Chauhan)
         (Sanjeev)                                    Judge




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