High CourtsSingle Bench(2021) 02 SHI CK 0306

Manohar Singh And Others vs State Of Himachal Pradesh And Others

High Court Of Himachal Pradesh · Decided on 26 February 2021

HON’BLE JUDGES
Ajay Mohan Goel, J
RESULT
Allowed
CASE NUMBER
CR. MMO No. 65 Of 2021

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Judgment

18 paragraphs · 388 words

Ajay Mohan Goel, J

1.

By way of this petition filed under Section 482 of the Code of Criminal Procedure, the petitioners have prayed for quashing of FIR No. 198/2017,

dated 20.07.2017, registered under Sections 498ÂA & 506 read with Section 34 of the Indian Penal Code at Police Station Indora, District Kangra,

H.P. as well as consequential criminal proceedings, if any pending before the learned Trial Court.

2.

I have heard learned counsel for the petitioners as well as learned counsel for respondent No. 4 and learned Additional Advocate General.

3.

Respondent No. 4, Ms. Bhawana, who is present in person in the Court, has been duly identified by her counsel Ms. Abhilasha Kaundal, 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. 198/2017, dated 20.07.2017, registered under

Sections 498Â​A & 506 read with Section 34 of the Indian Penal Code at Police Station Indora, District Kangra, H.P. as well as consequential criminal

proceedings, pending before learned Trial Court. A copy of compromise deed so arrived at between the parties is appended with the petition as

Annexure PÂ​2 and execution of the same as also the contents thereof have also been acknowledged by respondent No. 4.

4.

Learned Additional Advocate General has also very fairly submitted that the respondentÂState has no objection in case petition is allowed and FIR

in issue as well as consequential criminal proceedings, if any, pending trial, are quashed and set aside.

5.

Accordingly, in view of above, this petition is allowed and FIR No. 198/2017, dated 20.07.2017, registered under Sections 498ÂA & 506 read with

Section 34 of the Indian Penal Code at Police Station Indora, District Kangra, H.P. as well as consequential criminal proceedings, pending in the Trial

Court, which have ensued from said FIR, are quashed and set aside, taking into consideration the compromise entered between the complainant i.e.

respondent No. 4 and accused and statement to this effect, made by respondent No. 4 in this Court. The compromise deed Annexure PÂ2 as well as

statement of the complainant made today in the Court shall form part of the judgment. Miscellaneous applications, if any, also stand disposed of.