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Judgment
6 paragraphs · 333 wordsAjay 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.238 of 2019, dated 17.12.2019, registered under Sections 376 and 506 of the Indian Penal Code, at Police Station Dhalli, District Shimla, Himachal Pradesh.
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 (Mrs. Rachna Chandel), who is present in Court, has been duly identified by her counsel Mr.Saurav Rattan, Advocate. Her statement has also been independently recorded in the Court, wherein she has stated that she has entered into a compromise with the petitioner/accused and she is not interested in pursuing the matter which led to registration of FIR No.238 of 2019, dated 17.12.2019, registered under Sections 376 and 506 of the Indian Penal Code, at Police Station Dhalli, District Shimla, Himachal Pradesh. 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 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.238 of 2019, dated 17.12.2019, registered under Sections 376 and 506 of the Indian Penal Code, at Police Station Dhalli, District Shimla, Himachal Pradesh, as well as ensuing criminal proceedings against the petitioner, are 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.