Arjun Singh And Another vs State Of Himachal Pradesh And Another

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. 22 of 2016,

dated 19.03.2016 registered under Sections 498-A read with Section 34 of the Indian Penal Code, at Police Station Fatehpur, District Kangra, H.P. as

well as consequential criminal proceedings, i.e., Criminal Case No. 44 of 2016, titled as State vs. Arjun Singh and another, pending in the Court of

learned Judicial Magistrate, 1st Class, Jawali, District Kangra, H.P.

Mr. Vivek Negi, learned Counsel has put in appearance on behalf of respondent No. 2. He prays for and is permitted to file power of attorney

during the course of the day.

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

Respondent No. 2, Smt. Mamta Devi, who is present in person in the Court, has been duly identified by her Counsel Mr. Vivek Negi, Advocate.

Her statement has also been independently recorded in the Court, wherein she has stated that she has entered into a compromise with the

petitioners/accused and she is not interested in pursuing the matter, which led to registration of FIR No. 22 of 2016, dated 19.03.2016 registered under

Sections 498-A read with Section 34 of the Indian Penal Code, at Police Station Fatehpur, District Kangra, H.P. as well as consequential criminal

proceedings, i.e., Criminal Case No. 44 of 2016, titled as State vs. Arjun Singh and another, pending in the Court of learned Judicial Magistrate, 1st

Class, Jawali, District Kangra, H.P. A copy of compromise deed 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. 2.

Learned Deputy 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 pending trial, are quashed and set aside.

Accordingly, in view of above, this petition is allowed and FIR No. 22 of 2016, dated 19.03.2016 registered under Sections 498-A read with Section

34 of the Indian Penal Code, at Police Station Fatehpur, District Kangra, H.P. as well as consequential criminal proceedings, i.e., Criminal Case No.

44 of 2016, titled as State vs. Arjun Singh and another, pending in the Court of learned Judicial Magistrate, 1st Class, Jawali, District Kangra, H.P. are

quashed and set aside, taking into consideration the compromise deed entered between the complainant i.e. respondent No. 2 and accused i.e. present

petitioners and statement to this effect, made by respondent No. 2 in the Court. The compromise deed Annexure P-2 as well as statement of

respondent No. 2 (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.