Ajay Kumar @ Goldi And Others vs State Of Himachal Pradesh And Others

Ajay Mohan Goel, J

By way of this petition filed under Section 482 of the Code of Criminal Procedure, the petitioners have prayed for quashing of FIR No. 313 of 2018, dated 30.12.2018, registered under Sections 451, 147, 323 and 504, read with Section 149 of the Indian Penal Code, at Police Station Sadar Hamirpur, District Hamirpur, H.P. as well as consequential criminal proceedings stated to be pending in the Court of learned Judicial Magistrate 1st Class, Court No. 3, Hamirpur.

I have heard learned Counsel for the petitioners as well as learned Counsel for respondent No. 4 and learned Additional Advocate General.

Respondent No. 4, Mr. Ashwani Kumar, who is present in person in the Court, has been duly identified by his Counsel Ms. Kiran Dhiman, Advocate. His statement has also been independently recorded in the Court, wherein he has stated that he has entered into a compromise with the petitioners/accused and he is not interested in pursuing the matter, which led to registration of FIR No. 313 of 2018, dated 30.12.2018, under Sections 451, 147, 323 and 504, read with Section 149 of the Indian Penal Code, at Police Station Sadar Hamirpur, District Hamirpur, H.P. as well as consequential criminal proceedings pending in the Court of learned Judicial Magistrate 1st Class, Court No. 3, Hamirpur. A copy of the compromise so arrived at between the parties is appended with the petition as Annexure P-2 and execution of the same as also the contents thereof have also been acknowledged by respondent No. 4.

Learned Additional Advocate General has also very fairly submitted that the respondent-State has no objection in case petition is allowed and FIR in issue as well as consequential criminal proceedings and other cases referred to above, are quashed and set aside.

Accordingly, in view of above, this petition is allowed and FIR No. 313 of 2018, dated 30.12.2018, registered under Sections 451, 147, 323 and 504, read with Section 149 of the Indian Penal Code, at Police Station Sadar Hamirpur, District Hamirpur, H.P. as well as consequential criminal proceedings pending in the Court of learned Judicial Magistrate 1st Class, Court No. 3, Hamirpur, District Hamirpur, H.P. are quashed and set aside, taking into consideration the compromise Annexure P-2 entered between the complainant i.e. respondent No. 4 and accused i.e. present petitioners and statement to this effect, made by respondent No. 4 in this Court. The compromise deed Annexure P-2, as well as statement of the complainant made today in the Court shall form part of the judgment.

Petition is accordingly disposed of in above terms, so also pending miscellaneous application(s), if any.