High CourtsSingle Bench(2020) 12 SHI CK 0055

Rahul Arora And Another vs State Of Himachal Pradesh And Others

High Court Of Himachal Pradesh · Decided on 9 December 2020

HON’BLE JUDGES
Ajay Mohan Goel, J
RESULT
Disposed Of
CASE NUMBER
CR.MMO NO.381 Of 2020

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Judgment

20 paragraphs · 388 words

Ajay Mohan Goel, J

1.

By way of this petition, the petitioners have, inter alia, prayed for the following relief: -

“It is, therefore, most respectfully prayed that the present petition may kindly be allowed and the FIR No.59 of 2018, dated 07-06-2018 under

Sections 341, 323, 324, 34 IPC registered in the P.S. Nahan, Sirmour and also the subsequent proceedings arising thereof vide case No.Police challan

No./0000135/2018, titled as State Vs Rahul Arora & another pending before the Court of Ld. Judicial Magistrate, First Class, Nahan, may kindly be

quashed in view of the amicable settlement arrived between the parties.â€​

2.

I have heard learned counsel for the parties and have also gone through the averments made in the petition as well as FIR.

3.

Learned counsel for the parties submit that in view of the compromise deed entered into between the parties, it will be in the interest of justice in

case this petition is allowed and FIR No.59 of 2018, dated 07.06.2018, is ordered to be quashed and set aside, as the same will pay way to peace and

harmony. Statement of respondent No.4, who is present in person in the Court, has been separately recorded, wherein, she has deposed before the

Court that she has no objection in case this petition is allowed, as prayed for, and the said FIR registered at her behest, is quashed and set aside and

also ensuing criminal proceedings therefrom.

4.

Learned Additional Advocate General submits that the State has no objection in case this petition is allowed and the FIR as well as subsequent

criminal proceedings which are pending pursuant to the lodging of the said FIR are quashed and set aside.

5.

Taking into consideration the fact that the issue which led to the registration of FIR in question, stands amicably settled between the parties, in my

considered view, no fruitful purpose will be served by keeping the FIR alive. Accordingly, this petition is allowed and FIR No.59 of 2018, dated

07.06.2018, registered under Sections 341, 324, 323, 201 read with Section 34 of the Indian Penal Code at Police Station, Nahan, District Sirmaur,

H.P. and subsequent criminal proceedings ensuing therefrom, if any, are ordered to be quashed and set aside.

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

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