C.S. Thakur vs State Of H.P. & Another

Ajay Mohan Goel, J

By way of this petition filed under Section 482 of the Code of Criminal Procedure, the petitioner has prayed for quashing of FIR No.95 of 2020, dated 09.04.2020, registered under Sections 170, 189, 504 and 506 of the Indian Penal Code, at Police Station Sadar, Shimla, District Shimla, H.P.

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

Respondent No.2, Dr. Rakesh Roshan Bhardwaj, who is present in Court, has been duly identified by his counsel Mr. Manish Thakur, Advocate. His statement has also been independently recorded in the Court, wherein he has stated that he has entered into a compromise with the petitioner/accused and he is not interested in pursuing the matter which led to registration of FIR No.95 of 2020, dated 09.04.2020, registered under Sections 170, 189, 504 and 506 of the Indian Penal Code, at Police Station Sadar, Shimla, District Shimla, H.P. A copy of the 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 Additional Advocate General has also very fairly submitted that the respondent-State has no objection in case petition is allowed and FIR in issue is quashed and set aside.

Accordingly, in view of above, this petition is allowed and FIR No.95 of 2020, dated 09.04.2020, registered under Sections 170, 189, 504 and 506 of the Indian Penal Code, at Police Station Sadar, Shimla, District Shimla, H.P., is quashed and set aside, taking into consideration the compromise entered between the complainant i.e. respondent No.2 and accused and statement to this effect, made by respondent No.2 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. Miscellaneously applications, if any, also stand disposed of.