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Vishal Kumar & Others vs State Of Himachal Pradesh & Another

High Court Of Himachal Pradesh · Decided on 10 April 2023 · Citation: (2023) 04 SHI CK 0067

HON’BLE JUDGES
Ajay Mohan Goel, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 482 · Indian Penal Code, 1860 — Section 34, 323, 498A
RESULT
Allowed/Disposed Of
CASE NUMBER
CR.MMO NO.226 Of 2023
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Judgment

7 paragraphs · 385 words

Ajay Mohan Goel, J

1.

Ms. Shivani, Advocate, has put in appearance on behalf of respondent No.2.

By way of this petition, filed under Section 482 of the Code of Criminal Procedure, the petitioner has prayed for quashing of FIR No.0130 of 2020, dated 12.08.2020, registered under Sections 498­A, 323 read with Section 34 of the Indian Penal Code, at Police Station Shahpur, District Kangra, H.P.

2.

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

3.

Respondent No.2 (Smt. Sakshi Devi), who is present in Court, has been duly identified by Ms. Shivani, Advocate. Her statement has also been independently recorded in the Court, wherein she has stated that she entered into a compromise with the petitioner/accused and she is not interested in pursuing the matter, which led to registration of FIR No.0130 of 2020, dated 12.08.2020, registered under Sections 498­A, 323 read with Section 34 of the Indian Penal Code, at Police Station Shahpur, District Kangra, H.P. A copy of the Compromise Deed so arrived at between the parties is appended with the petition as Annexure P3 and execution of the same as also the contents thereof have also been acknowledged by respondent No.2.

4.

Learned Additional Advocate General has also very fairly submitted that the respondent­State has no objection in case this petition is allowed and FIR in issue is quashed and set aside.

5.

Accordingly, in view of above, this petition is allowed and FIR No.0130 of 2020, dated 12.08.2020, registered under Sections 498­A, 323 read with Section 34 of the Indian Penal Code, at Police Station Shahpur, District Kangra, H.P. as well as ensuing criminal proceedings, arising out of FIR No.0130 of 2020 against the petitioners, i.e. Case PC No.145 of 2020, titled as State of H.P. Versus Vishal Kumar and others, pending before the Court of learned Judicial Magistrate, 1st Class, Dharamshala, District Kangra, H.P., are quashed and set aside, taking into consideration the compromise entered between the complainant i.e. respondent No.2 and accused and statement to this effect, made by respondent No.2 in this Court. The Compromise Deed Annexure P3 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.