Babita Kumari And Others vs State Of Himachal Pradesh And ...
2021 Latest Caselaw 3351 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                                 CRMMO No. 222 of 2021
                                                 Decided on: 02.08.2021




                                                                     .

     Babita Kumari and others                                    ....Petitioners.

                  Versus





     State of Himachal Pradesh and others                        ...Respondents.
     Coram
     The Hon'ble Mr. Justice Ajay Mohan Goel, Judge.
     Whether approved for reporting?1 No





     For the petitioners         :       Mr. Nipun Sharma, Advocate.

     For the respondents         :       M/s Sumesh Raj, Adarsh Sharma
                                         and Sanjeev Sood, Additional
                  r                      Advocate Generals with Mr. J.S.
                                         Guleria, Deputy Advocate General

                                         for respondent No. 1

                                 :       Mr. Atul Kumar, Advocate for
                                         respondents No. 2 to 4.



                                         Petitioners as well as respondents
                                         No. 2 to 4 are present in person
                                         in the Court.




     Ajay Mohan Goel, Judge (Oral)

By way of this petition filed under Section 482 of

the Code of Criminal Procedure, the petitioners have prayed

for quashing of FIR No. 159 of 2019, dated 02.10.2019,

registered under Sections 452 and 323 of the Indian Penal

Code and Sections 3(1)(r),(s), 3(2), 3(2) (va) of the Scheduled

Castes and Scheduled Tribes (Prevention of Atrocities) Act,

1 Whether reporters of the local papers may be allowed to see the judgment?

1989, at Police Station Chowari, District Chamba, H.P. as

well as consequential criminal proceedings, i.e. Criminal Case

.

No. 1/2019, titled as State vs. Babita Devi and others,

pending in the Court of learned Special Judge, Chamba,

Himachal Pradesh.

2. I have heard learned Counsel for the petitioners as

well as learned Counsel for respondents No. 2 to 4 and

learned Additional Advocate General.

3. Respondent No. 2, Shri Pyar Singh, who is the

complainant in the FIR in issue, is present in person in the

Court. He has been duly identified by his Counsel Mr. Atul

Kumar, Advocate. His statement has also been independently

recorded in the Court, wherein he has stated that he has

entered into a compromise/Rajinama with the petitioners/

accused and he is not interested in pursuing the matter,

which led to registration of FIR No. 159 of 2019, dated

02.10.2019, under Sections 452 and 323 of the Indian Penal

Code and Sections 3(1)(r),(s), 3(2), 3(2) (va) of the Scheduled

Castes and Scheduled Tribes (Prevention of Atrocities) Act,

1989, at Police Station Chowari, District Chamba, H.P. as

well as consequential criminal proceedings, i.e. Criminal Case

No. 1/2019, titled as State vs. Babita Devi and others,

pending in the Court of learned Special Judge, Chamba,

Himachal Pradesh. A copy of Rajinama 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. Respondent No. 2

has also identified his signatures on the Rajinama Annexure

P-2.

4. Learned Additional Advocate General has also very

fairly submitted that the respondent-State has no objection in

case this petition is allowed and FIR in issue as well as

consequential criminal proceedings, stated to be pending

trial, are quashed and set aside.

5. Accordingly, in view of above, this petition is

allowed and FIR No. 159 of 2019, dated 02.10.2019,

registered under Sections 452 and 323 of the Indian Penal

Code, and Sections 3(1)(r),(s), 3(2), 3(2) (va) of the Scheduled

Castes and Scheduled Tribes (Prevention of Atrocities) Act,

1989, at Police Station Chowari, District Chamba, H.P. as

well as consequential criminal proceedings, i.e. Criminal Case

No. 1/2019, titled as State vs. Babita Devi and others,

pending in the Court of learned Special Judge, Chamba,

Himachal Pradesh, are quashed and set aside, taking into

consideration the compromise entered between the

complainant i.e. respondent No. 2 and accused i.e. present

.

petitioners, and statement to this effect, made by respondent

No. 2 in the Court. The Rajinama Annexure P-2 as well as

statement of the complainant made today in the Court shall

form part of the judgment.

Petition is accordingly disposed of in above terms,

so also pending miscellaneous application(s), if any.

(Ajay Mohan Goel) Judge August 02, 2021 (narender)