Himachal Pradesh High Court
Prem Lal vs . State on 23 December, 2022
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
Cr.MMO No. 1155 of 2022 23.12.2022 Present: Mr. Devender K. Sharma, Advocate for the petitioner.
Mr. Raju Ram Rahi, Deputy Advocate General for respondents No. 1 to 3.
ASI Ajay Kumar Police Station Gohar District Mandi is present in person.
Mr. Dhiraj Thakur, Advocate for respondent No.4.
Petitioner Prem Lal and respondent No.4 Sanjana are present in person.
Status report stands filed.
This petition has been filed for quashing FIR No. 86 of 2021 registered in Police Station Gohar under Sections 363, 366, 376 IPC and Section 6 of POCSO Act on the basis of compromise arrived at between petitioner and respondent No.4.
Main ground for compromising and filing the present petition is that at the time of solemnization of marriage of petitioner and respondent No.4, respondent No.4 Sanjana was minor. However, after attaining the age of majority, she has decided to continue the marriage by exercising her discretion.
To indicate that respondent No.4 has attained age of majority, copy of Parivar Register has been placed on record. On perusal of entry made in the copy of Parivar Register regarding the date of birth, it is noticed that her date of birth has been mentioned as 31 st April, 2004. But 31st never falls in the month of April. Therefore, it is apparent that date of birth mentioned in Parivar Register is not correct.
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