Yog Raj vs State Of Himachal Pradesh And Another

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. 53/2019, dated 03.07.2019, registered under Sections 279 & 429 of the Indian Penal Code at Police Station Jhakri, Tehsil Rampur, District Shimla as well as criminal proceedings pending before the Court of learned Additional Chief Judicial Magistrate, Rampur in Case No. 223/2021, titled as State Versus Yog Raj.

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

Respondent No. 2, Sh. Thakur Das, who is present in person in the Court, has been duly identified by his counsel Mr. Virender Kumar, Advocate. His statement has also been independently recorded in the Court, 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. 53/2019, dated 03.07.2019, registered under Sections 279 & 429 of the Indian Penal Code at Police Station Jhakri, Tehsil Rampur, District Shimla as well as ensuing criminal proceedings pending before the Court of learned Additional Chief Judicial Magistrate, Rampur in Case No. 223/2021, titled as State Versus Yog Raj. A copy of compromise deed so arrived at between the parties is appended with the petition as Annexure P­2 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 respondent­State 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. 53/2019, dated 03.07.2019, registered under Sections 279 & 429 of the Indian Penal Code at Police Station Jhakri, Tehsil Rampur, District Shimla as well as criminal proceedings pending before the Court of learned Additional Chief Judicial Magistrate, Rampur in Case No. 223/2021, titled as State Versus Yog Raj are quashed and set aside, taking into consideration the compromise entered between the complainant i.e. respondent No. 2 and accused and a statement to this effect, made by respondent No. 2 in this Court. The compromise deed Annexure P­2 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.

Copy dasti.