Ankush Sharma vs State Of Himachal Pradesh And Others

Jyotsna Rewal Dua, J

Prayer in this petition is for quashing of FIR No.10/2021, dated 18.03.2021, under Sections 279 and 337 of Indian Penal Code at Police Station Kunihar, District Solan, H.P. alongwith consequential proceedings. The FIR was registered on the basis of complaint lodged by respondent No.2 Shri Sanjay Kumar.

It has been pleaded in the petition that subsequent to registration of the FIR, petitioner and respondent No.2 have compromised the matter. A compromise deed dated 11.04.2022 has been placed on record as Annexure P-2, in terms of which, the parties i.e. petitioner and respondent No.2 have amicably settled their dispute arising out of the FIR in question. It has further been submitted that the compromise has been executed by the parties out of their own free will, without any pressure, threat or fraud. That the matter has been compromised by the parties in order to maintain good cordial relations between them. The petitioner and respondent No.2 have attended the hearing today. Both were identified by their respective learned counsel. Vide their separate statements recorded today, they have accepted the execution of compromise deed as well as terms and conditions thereof. The complainant-respondent No.2 has stated that he is not interested in pursuing the matter any further in view of the said compromise.

Respondent No.1-State has also no objection for quashing and setting aside the FIR and consequential proceedings in question in view of the compromise between the parties.

As per legal position, the offences in the FIR in question cannot be stricto sensu termed as the offences against the State. Therefore, there is no impediment in quashing the FIR and consequential proceedings in view of the compromise. Since respondent No.2 has no interest to pursue the matter any further, going ahead with the proceedings will only cause harassment to the petitioner. In such situation, there is minimal chance of success in the criminal proceedings.

Consequently, the present petition is allowed. FIR No.10/2021, dated 18.03.2021, registered under Sections 279 and 337 of Indian Penal Code at Police Station Kunihar, District Solan alongwith consequential proceedings are quashed and set aside. Pending miscellaneous application(s), if any, also stand disposed of.