Gita Devi And Others vs State Of Himachal Pradesh

Ajay Mohan Goel, J

By way of this petition filed under Section 482 of the Code of Criminal Procedure, the petitioner No.1/complainant and petitioners No.2 to 4/accused have prayed for quashing of FIR No.90 of 2020, dated 20.05.2020, registered under Sections 451, 504, 506 read with Section 34 of the Indian Penal Code, at Police Station Anni, District Kullu, H.P. as well as ensuing criminal proceedings pending adjudication before the Court of learned Chief Judicial Magistrate, Anni, bearing Cr. Case No.107/2020, CNR No.HPKI070009132020, arising out of FIR No.90 of 2020

I have heard Mr. Naveen Kumar Bhardwaj, learned counsel for the petitioner No.1/complainant and for petitioners No.2 to 4/accused as well as learned Additional Advocate General.

Petitioner No.1/complainant (Gita Devi), who is present in Court, has been duly identified by Mr. Naveen Kumar Bhardeaj, learned counsel. Her statement has also been independently recorded in the Court, wherein she has stated that she has entered into a compromise with petitioners No.2 to 4/accused and she is not interested in pursuing the matter which led to registration of FIR No.90 of 2020, dated 20.05.2020, registered under Sections 451, 504, 506 read with Section 34 of the Indian Penal Code, at Police Station Anni, District Kullu, H.P. A copy of the Compromise so arrived at between the parties is appended with the petition as Annexure P­2 and execution of the same as also the contents thereof have also been acknowledged by petitioner No.1/complainant.

Learned Additional Advocate General has also very fairly submitted that the respondent­State has no objection in case this petition is allowed and FIR in issue is quashed and set aside.

Accordingly, in view of above, this petition is allowed and FIR No.90 of 2020, dated 20.05.2020, registered under Sections 451, 504, 506 read with Section 34 of the Indian Penal Code, at Police Station Anni, District Kullu, H.P., as well as ensuing criminal proceedings pending adjudication before the Court of learned Chief Judicial Magistrate, Anni, bearing Cr. Case No.107/2020, CNR No.HPKI070009132020, arising out of FIR No.90 of 2020, against petitioners No.2 to 4/accused, are quashed and set aside, taking into consideration the compromise entered between the complainant i.e. petitioner No.1 and accused and statement to this effect, made by petitioner No.1/complainant in this Court. The Compromise Annexure P­2 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.