Parveen Soni vs State Of Himachal Pradesh And Anr

Ajay Mohan Goel, J

By way of this petition filed under Section 482 of the Code of Criminal Procedure, a prayer has been made for quashing of FIR No. 25 of 2019, dated 12.11.2019, registered at Women Police Station Bilaspur, District Bilaspur, HP, under Sections 354 (A) (2), 451 and 509 of the Indian Penal Code and subsequent criminal proceedings, i.e. Case No. 134- 2 of 2019, titled as State vs. Parveen Soni, pending trial before the Court of learned Chief Judicial Magistrate, Bilaspur, on the ground that the dispute which led to the registration of the FIR stands amicably settled/resolved between the complainant and the accused.

Complainant (respondent No. 2), namely, Ms. Sapna Kumari, is present in person in the Court. She has been duly identified by her Counsel Mr. Vivek Negi. Her statement has been separately recorded in the Court wherein she has deposed that in view of the rajinama (Annexure P-2) having been entered into between her and the accused/petitioner, whereby they have agreed to put an end to all the misunderstandings between them so that they can maintain good relations with each other in future. She has further stated that she has no objection in case this petition is allowed and FIR No. 25 of 2019, dated 12.11.2019, registered at Women Police Station Bilaspur, District Bilaspur, HP, under Sections 354 (A) (2), 451 and 509 of the Indian Penal Code and subsequent criminal proceedings, i.e. Case No. 134-2 of 2019, titled as State vs. Parveen Soni, pending trial before the Court of learned Chief Judicial Magistrate, Bilaspur, are quashed and set aside. A copy of 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 complainant/respondent No. 2.

Learned Additional Advocate General submits that taking into consideration the peculiar facts of the case wherein parties have amicably settled the dispute between them, the State has no objection in case this petition is allowed.

It is not in dispute that the FIR in issue stood lodged on the basis of a complaint made by respondent No. 2. Accordingly, in view of above, this petition is allowed and FIR No. 25 of 2019, dated 12.11.2019, registered at Women Police Station, Bilaspur, District Bilaspur, HP, under Sections 354 (A) (2), 451 and 509 of the Indian Penal Code and subsequent criminal proceedings, i.e. Case No. 134-2 of 2019, titled as State vs. Parveen Soni, pending trial before the Court of learned Chief Judicial Magistrate, Bilaspur, are quashed and set aside taking into consideration the compromise (Annexure P-2) having been entered between the complainant i.e. respondent No. 2 and the accused i.e. the present petitioner, and the statement of the complainant to this effect made in this Court, which shall form part and parcel of the judgment.

Petition is accordingly disposed of in above terms, so also pending miscellaneous application(s), if any.