Arvinder Singh And Others vs State Of Himachal Pradesh And Others

Ajay Mohan Goel, J

Petitioners namely S/Sh. Arvinder Singh, Jaswinder Singh, Ravinder Singh and Sudeep Singh, are present in person in the Court.

By way of this petition filed under Section 482 of the Code of Criminal Procedure, the petitioners have prayed for quashing of FIR No. 0091, dated 22.10.2021, registered under Sections 406, 409, 420 and 120B read with Section 34 of the Indian Penal Code, at Police Station Dalhousie, District Chamba, H.P. as well as ensuing criminal proceedings thereform.

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

Respondent No. 2, Sh. Nagesh Mahajan, is present in person in the Court. He has been duly identified by Mr. Janesh Mahajan, Advocate, who is representing him.

Statement of complainant Mr. Nagesh Mahajan (respondent No. 2) has also been independently recorded in the Court, wherein he stated that as the issue which led to registration of the FIR in issue, stands compromised between the parties in terms of Compromise Deed Annexure P-2, therefore, he has no objection in case FIR No. 0091, dated 22.10.2021, registered under Sections 406, 409, 420 and 120B read with Section 34 of the Indian Penal Code, at Police Station Dalhousie, District Chamba, H.P. as well as ensuing criminal proceedings, pending in the Court concerned, are quashed and set aside. A copy of 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. 2. He also acknowledged his signatures on Compromise Deed Annexure P-2.

Learned Additional Advocate General has also very fairly submitted that the respondent-State has no objection in case petition is allowed and FIR as well as consequential criminal proceedings, if any, pending trial, are quashed and set aside.

Accordingly, in view of above, this petition is allowed and FIR No. 0091, dated 22.10.2021, registered under Sections 406, 409, 420 and 120-B read with Section 34 of the Indian Penal Code, at Police Station Dalhousie, District Chamba, H.P.as well as ensuing criminal proceedings, if any, pending in the Court concerned, are ordered to be quashed and set aside, taking into consideration the compromise entered between the parties and statement to this effect, made by the complainant in this Court, which shall form part of the judgment.

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