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Yugraj And Others vs State Of Himachal Pradesh And Others

High Court Of Himachal Pradesh · Decided on 1 August 2022 · Citation: (2022) 08 SHI CK 0002

HON’BLE JUDGES
Ajay Mohan Goel, J
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Petition (Main) No. 641 Of 2022

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Judgment

8 paragraphs · 395 words

Ajay Mohan Goel, J

1.

By way of this petition filed under Section 482 of the Code of Criminal Procedure, the petitioner has prayed for quashing of FIR No. 10 of 2022, dated 13.05.2022, registered under Sections 498-A, 354-A, 506 and 323 of the Indian Penal Code, at Police Station Dharamshala, District Kangra, Himachal Pradesh.

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 stands served. She is present in person in the Court. She has been duly identified by Mr. Rohit Chauhan, Advocate, who undertakes to file power of attorney during the course of the day.

4.

Statement of complainant Ms. Ankita Mahal (respondent No. 2) has also been independently recorded in the Court, wherein she stated that as the issue which led to registration of the FIR in issue, stands compromised between her and the accused/petitioners in terms of Compromise Deed Annexure P-2, therefore, she has no objection in case FIR No. 10 of 2022, dated 13.05.2022, registered under Sections 498-A, 354-A, 506 and 323 of the Indian Penal Code, at Police Station Dharamshala, District Kangra, Himachal Pradesh, as well as ensuing criminal proceedings pending in the Court concerned, are quashed and set aside. 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. 2. She also acknowledged her signatures on Compromise Deed Annexure P-2.

5.

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, if any, pending trial, are quashed and set aside.

6.

Accordingly, in view of above, this petition is allowed and FIR No. 10 of 2022, dated 13.05.2022, registered under Sections 498-A, 354-A, 506 and 323 of the Indian Penal Code, at Police Station Dharamshala, District Kangra, Himachal Pradesh, as well as ensuing criminal proceedings, if any, are ordered to be quashed and set aside, taking into consideration the compromise entered between parties and statement to this effect, made by the complainant in this Court, which shall form part of the judgment.

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