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High CourtsSingle Bench(2021) 10 SHI CK 0053

Ahmad Mateen Alias vs State Of Himachal Pradesh And Others

High Court Of Himachal Pradesh · Decided on 25 October 2021

HON’BLE JUDGES
Ajay Mohan Goel, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition (Main) No. 499 Of 2021
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Judgment

6 paragraphs · 328 words

Ajay Mohan Goel, J

1.

Ms. Ruchika, Advocate, vice Mr. C.D. Negi, Advocate has put in appearance on behalf of respondent No.2. By way of this petition, filed under Section 482 of the Code of Criminal Procedure, the petitioners have prayed for quashing of FIR No.25 of 2017, dated 27.02.2017, registered under Sections 323 and 324 of the Indian Penal Code, at Police Station Boileauganj, District Shimla, Himachal Pradesh.

2.

I have heard learned counsel for the petitioners as well as learned counsel for respondent No.2 and learned Additional Advocate General.

3.

Respondent No.2 (Smt.Sherin Parveen), who is present in Court, has been duly identified by her counsel Ms. Ruchika, Advocate, vice Mr. C.D. Negi, Advocate. Her statement has also been independently recorded in the Court, wherein she has stated that as the issue which led to the altercation between the accused and the victim stands amicably settled between them, she has no objection in case this petition is allowed and the FIR which stood registered at her behest is ordered to be quashed and set aside, so also ensuing criminal proceedings, if any. She submit that she is making this statement today in the Court out of her free will and volition and not under any coercion or duress.

4.

Learned Additional Advocate General has also very fairly submitted that the respondent-State has no objection in case this petition is allowed and FIR in issue is quashed and set aside.

5.

Accordingly, in view of above, this petition is allowed and FIR No.25 of 2017, dated 27.02.2017, registered under Sections 323 and 324 of the Indian Penal Code, at Police Station Boileauganj, District Shimla, Himachal Pradesh, as well as ensuing criminal proceedings against the petitioners, are quashed and set aside, taking into consideration the fact that the matter between the accused and the victim stands amicably settled and statement to this effect, made by respondent No.2 in this Court. Miscellaneously applications, if any, also stand disposed of.