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Judgment
7 paragraphs · 374 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. 165 of 2019, dated 08.08.2019, registered under Sections 295-A and 505(2) of the Indian Penal Code, at Police Station Sadar Shimla, District Shimla, H.P as well as consequential criminal proceedings arising therefrom.
I have heard learned Counsel for the petitioner as well as learned Counsel for respondent No. 1 and learned Additional Advocate General.
Respondent No. 1, Jaswinder Singh, who is present in person in the Court, has been duly identified by his Counsel Shri Jagat Pal, Advocate. His statement has also been independently recorded wherein he has stated that he has entered into a compromise with the petitioner/accused and he is not interested in pursuing the matter which led to registration of FIR No. 165 of 2019, dated 08.08.2019, registered under Sections 295-A and 505(2) of the Indian Penal Code, at Police Station Sadar Shimla, District Shimla, H.P. as well as subsequent criminal proceedings, which have been ensued from said FIR. 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 respondent No. 1.
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 subsequent criminal proceedings, if any, pending trial, are quashed and set aside.
Accordingly, in view of above, this petition is allowed and FIR No. 165 of 2019, dated 08.08.2019, registered under Sections 295-A and 505(2) of the Indian Penal Code, at Police Station Sadar Shimla, District Shimla, H.P. as well as subsequent criminal proceedings, which have been ensued from said FIR, are quashed and set aside taking into consideration the compromise (Annexure P-2) which has entered between the complainant i.e. respondent No. 1 and the accused i.e. the present petitioner, and statement to this effect, made by respondent No. 1 in this Court, which shall form part and parcel of the judgment.
The present petition stands disposed of in above terms, so also pending miscellaneous application(s), if any.