Mohinder Singh vs State Of Himachal Pradesh And 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. 54 of 2021, dated 23.09.2021, registered at Police Station Khundian, District Kangra, H.P. under Sections 452 and 376 of the Indian Penal Code as well as ensuing criminal proceedings therefrom, pending in the Court of learned Additional Sessions Judge, Dehra, District Kangra, 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, namely, Smt. Veena Kumari, who is present in person in the Court, has been duly identified by Counsel Ms. Anchal Sharma, Advocate, who is representing her. Power of attorney, as prayed for, be filed during the course of the day.

Statement of respondent No. 2 has also been independently recorded in the Court, wherein she stated that the petitioner/accused is a close relative of her and she has entered into a compromise with him as the issue which led to registration of FIR in question has been amicably sorted out between them and taking into consideration this fact, she is not interested in pursuing further the FIR No. 54 of 2021, dated 23.09.2021, registered at Police Station Khundian, District Kangra, HP, under Sections 452 and 376 of the Indian Penal Code as well as ensuing criminal proceedings therefrom, pending in the Court of learned Additional Sessions Judge, Dehra, District Kangra, H.P. 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. She also acknowledged her 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. 54 of 2021, dated 23.09.2021, registered at Police Station Khundian, District Kangra, HP, under Sections 452 and 376 of the Indian Penal Code as well as ensuing criminal proceedings therefrom, pending in the Court of learned Additional Sessions Judge, Dehra, District Kangra, Bilaspur, H.P. are ordered to be quashed and set aside, taking into consideration the compromise entered between the complainant i.e. respondent No. 2 and the accused i.e. the petitioner herein and statement to this effect, made by respondent No. 2/ 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.