IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 3rd DAY OF JANUARY, 2022
.
BEFORE
HON'BLE MR. JUSTICE AJAY MOHAN GOEL
CRIMINAL MISC. PETITION (MAIN) U/S 482 CRPC No. 631 OF 2021
Between:-
1. ABHISHEK S/O SH. RAJESH R/O
VILLAGE ASALWAS DUBIA,
POST OFFICE ASALWAS
MARHETA TEHSIL AND
DISTRICT BHAWANI,
HARAYANA.
2. KULDEEP S/O KARAN SINGH
R/O VILLAGE GOTHRA, POST
OFFICE BHIWANI, TEHSIL
LOHARU, DISTRICT BHIWANI,
HARYANA.
..........PETITIONERS
(BY M/S AJAY KOCHHAR AND VIVEK
SHARMA, ADVOCATES)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH ITS PRINCIPAL
SECRETARY (HOME) TO THE
GOVT. OF HIMACHAL PRADESH,
SHIMLA, 171002, HP.
2. LALIT SHARMA S/O KRISHAN
LAL, R/O VILLAGE PUJALI, POST
OFFICE KALBOG, DISTRICT
SHIMLA, HIMACHAL PRADESH.
........RESPONDENTS
(M/S SUMESH RAJ, ADARSH SHARMA AND
SANJEEV SOOD, ADDITIONAL ADVOCATE
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2
GENERALS WITH MR. MANOJ BAGGA,
ASSISTANT ADVOCATE GENERAL FOR R-1;
MR. RAMESH CHAND SHARMA, ADVOCATE
FOR R-2)
.
___________________________________________________________
Whether approved for reporting: No
This petition coming on for orders this day, the Court
passed the following:-
ORDER
By way of this petition filed under Section 482 of the Code of Criminal Procedure, the petitioners have prayed for quashing of FIR No. 101 of 2021, dated 13.10.2021, registered at Police Station Kumarsain, District Shimla, HP, under Sections 336 read with Section 34 of the Indian Penal Code and Section 25 of the Arms Act, as well as ensuing criminal proceedings, if any.
2. Mr. Ajay Kochhar, learned Counsel for the petitioners has argued that the issue, which led to the filing of the FIR, now stands settled amicably between the accused and the complainant. He submitted that taking into consideration the background, in which the unfortunate incident took place and the fact that now the matter stands amicably settled between the parties, it will be in the interest of justice, in case, this petition is allowed and the FIR in issue as well as ensuing criminal ::: Downloaded on - 31/01/2022 23:32:35 :::CIS 3 proceedings, are quashed as the parties have resolved the matter by way of amicable settlement. He has drawn the attention of the .
Court to the Deed of Settlement entered into between the parties, copy of which is appended with the petition as Annexure P-1.
3. Mr. Sumesh Raj, learned Additional Advocate General, has argued that though the factum of the matter having been compromised between the complainant as well as victim and accused is not in dispute but taking into consideration the sections involved, under which the FIR stands registered against the accused, this is not a fit case wherein this Court should exercise its inherent powers so conferred under Section 482 of the Code of Criminal Procedure, and it will be in the interest of justice, in case, the trial is permitted to continue and taken to its conclusion. He submitted that gravity of the offences does not entail the accused/petitioners for the relief, which they are seeking by way of this petition.
4. Before proceeding further, it is relevant to mention that on 22.12.2021, the complainantwas present in person in the Court and he has made separate statement on oath that he has no objection, in case, this petition is allowed, as prayed for, and the FIR in issue as well as ensuing criminal proceedings, ::: Downloaded on - 31/01/2022 23:32:35 :::CIS 4 pending before the learned Court below, are ordered to be quashed. The sections of Indian Penal Code under which the FIR .
in issue has been registered are already enumerated hereinabove.
5. I have heard learned Counsel for the petitioners as well as learned Additional Advocate General and also gone through the petition as well as documents appended therewith, including the compromise deed Annexure P-1.
6. When one peruses the documents appended with the petition as also the case record, it appears that the accused fired in air out of mere carelessness and the intent was not to harm any person or cause bodily injury to anyone. Though, the alleged act of the accused otherwise is not condonable but taking into consideration the fact that now the matter stands resolved between the parties on account of intervention of respectable persons of the society, this Court is of the considered view that it will be in the interest of justice, in case, this Court exercises its powers so vested under Section 482 of the Code of Criminal Procedure in allowing this petition and quash the FIR in issue as well as ensuing criminal proceedings. Ordered accordingly.
7. Accordingly, in view of above, this petition is allowed and FIR No. 101 of 2021, dated 13.10.2021, registered at Police ::: Downloaded on - 31/01/2022 23:32:35 :::CIS 5 Station Kumarsain, District Shimla, HP, under Sections 336 read with Section 34 of the Indian Penal Code and Section 25 of .
the Arms Act, as well as ensuing criminal proceedings, if any, are ordered to be quashed and set aside, taking into consideration the deed of settlement Annexure A-1 entered between the accused/petitioners and complainant/respondent No. 2. Statement made by the complainant on oath on 22.12.2021, in this Court, shall form part of the judgment.
The petition is accordingly disposed of in above terms, so also pending miscellaneous application(s), if any.
(Ajay Mohan Goel) Judge January 03,2022 (narender) ::: Downloaded on - 31/01/2022 23:32:35 :::CIS