Ratti Ram Sharma vs State Of H.P And Others

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. 48/2019, dated 02.05.2019, registered under Sections 354B (deleted), 354A, 354D, 504 and 506 of the Indian Penal Code at Police Station Shimla East as well as ensuing criminal proceedings pending before the Court of learned Judicial Magistrate First Class, Court No. 4, Shimla, H.P., i.e., Case bearing registration No. 387/2019, CNR No. HPSH 110485082019, titled as State of H.P. Vs. Ratti Ram.

I have heard learned counsel for the petitioners as well as learned counsel for respondent No. 2 and learned Additional Advocate General.

Respondent No. 2, Kanta Gautam, who is present in person in the Court, has been duly identified by her counsel Mr. Rajiv Sirkeck, Advocate. Her statement has also been independently recorded in the Court, wherein she has stated that she has entered into a compromise with the accused and she is not interested in pursuing the matter which led to the registration of FIR No. 48/2019, dated 02.05.2019, registered under\ Sections 354B (deleted), 354A, 354D, 504 and 506 of the Indian Penal Code at Police Station Shimla East as well as ensuing criminal proceedings pending before the Court of learned Judicial Magistrate First Class, Court No. 4, Shimla, H.P., i.e., Case bearing registration No. 387/2019, CNR No. HPSH 110485082019, titled as State of H.P. Vs. Ratti Ram. Copy of compromise deed so arrived at between the parties is appended with the petition as Annexure P-1 and execution of the same as also the contents thereof have also been acknowledged by respondent No. 2.

Learned Additional Advocate General has also very fairly submitted that the respondent-State has no objection in case petition is allowed and FIR in issue as well as ensuing criminal proceedings are quashed and set aside.

Accordingly, in view of the above, this petition is allowed and FIR No. 48/2019, dated 02.05.2019, registered under Sections 354B (since deleted), 354A, 354D, 504 and 506 of the Indian Penal Code at Police Station Shimla East as well as ensuing criminal proceedings pending before the Court of learned Judicial Magistrate First Class, Court No. 4, Shimla, H.P., i.e., Case bearing registration No. 387/2019, CNR No. HPSH 110485082019, titled as State of H.P. Vs. Ratti Ram are quashed and set aside, taking into consideration the compromise entered between\ the complainant and accused and a statement to this effect, made by respondent No. 2 in this Court. The compromise deed Annexure P-1 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.