Vijay Kumar And Others vs State Of H.P And Others

Ajay Mohan Goel, J

Respondent No. 2 stands served. Mr. Shubham Sood, learned Counsel is representing respondent No. 2. He submits that power of attorney shall be filed during the course of the day.

By way of this petition filed under Section 482 of the Code of Criminal Procedure, the petitioners have prayed for quashing of FIR No. 76 of 2014, dated 13.05.2014, registered under Sections 498-A read with Section 34 of the Indian Penal Code, at Police Station Amb, District Una, H.P. as well as ensuing criminal proceedings, i.e. Criminal Case No. 447-I-2014, pending in the Court of learned JMFC, Court No. 2 Amb, District Una, H.P.

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, namely Smt. Radha Devi, who is present in person in the Court, has been duly identified by her Counsel Mr. Shubham Sood, Advocate. Her statement has also been independently recorded in the Court, wherein she has stated that she has entered into a compromise with the petitioners/accused as the issue which led to registration of FIR in question has been amicably settled between them. She has further stated that she is not interested in pursuing further the FIR No. 76 of 2014, dated 13.05.2014, registered under Sections 498-A read with Section 34 of the Indian Penal Code, at Police Station Amb, District Una, H.P. as well as ensuing criminal proceedings, i.e. Criminal Case No. 447-I-2014, pending in the Court of learned JMFC, Court No. 2 Amb, District Una, H.P. A copy of compromise so arrived at between the parties is appended with the petition as Annexure P-6 and execution of the same as also the contents thereof have also been acknowledged by respondent No. 2. She has also acknowledged his signatures on Compromise Deed Annexure P-6.

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, pending trial, are quashed and set aside.

Accordingly, in view of above, this petition is allowed and FIR No. 76 of 2014, dated 13.05.2014, registered under Sections 498-A read with Section 34 of the Indian Penal Code, at Police Station Amb, District Una, H.P. as well as ensuing criminal proceedings, i.e. Criminal Case No. 447-I-2014, pending in the Court of learned JMFC, Court No. 2 Amb, District Una, 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. present petitioners and statement to this effect, made by respondent No. 2, namely, Radha Devi, in the Court, which shall form part of the judgment.

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