Nazaket Ali vs State Of H.P
2021 Latest Caselaw 5935 HP

       IN   THE    HIGH   COURT OF HIMACHAL            PRADESH,




                                                      .
                             SHIMLA





                ON THE 29nd DAY OF DECEMBER, 2021
                              BEFORE
               HON'BLE MR. JUSTICE AJAY MOHAN GOEL





            CRIMINAL MISC. PETITION (MAIN) U/S 482 CRPC
            No.730 of 2021

    Between:





    1. NAZAKET ALI, S/O LATE
    SH.     ABDOL    GAFOOR,
    RESIDENT OF VILLAGE NAYA
    GAON,     MJRA,    TEHSIL

    PAONTA SAHIB, DISTRICT

    SIRMOUR, H.P., AGED 65
    YEARS.
    2. SHEEBA W/O SH. ASHIF
    ALI, D/O SH. WAHID KHAN,


    RESIDENT     OF    HOUSE
    NO.268/12,       MOHALLA
    CHIRAWALI, KATCHA TANK,
    NAHAN,    TEHSIL  NAHAN,




    DISTRICT SIRMOUR, H.P.,
    AGED 30 YEARS.





                                                  ....PETITIONERS.

    (BY MR.VINOD CHAUHAN, ADVOCATE)





    AND
    1.        STATE OF H.P.
    THROUGH        SECRETARY
    (HOME)       TO        THE
    GOVERNMENT OF HIMACHAL
    PRADESH.
    2. STATION HOUSE OFFICER,
    POLICE STATION MAJRA,
    DISTRICT SIRMAUR, H.P.




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                                           2


                                                   ....RESPONDENT.




                                                                    .

    (BY SHRI ADARSH SHARMA, SHRI SUMESH RAJ AND SHRI
    SANJEEV SOOD, ADDITIONAL ADVOCATES GENERAL)

    Whether approved for reporting?1 No





           This petition coming on for admission this day, the Court passed the





    following:

                   JUDGMENT

By way of this petition, filed under Section 482 of the

Code of Criminal Procedure, petitioner No.1 Sh. Nazakat Ali, who is

complainant in FIR No.181 of 2013, dated 15.05.2013, registered at

Police Station Paonta Sahib, District Sirmaur, H.P., under Sections

452, 323, 324 and 506 read with Section 34 of the Indian Penal

Code, and petitioner No.2 Ms. Sheeba, who is complainant in FIR

No.148 of 2019, dated 25.09.2019, registered at Police Station

Majra, District Sirmaur, H.P., under Sections 341, 323, 504, 506,

509, 325, read with Section 34 of the Indian Penal Code, have

sought quashing of the aforesaid cross FIRs, as also the

consequential proceedings arising out of the same.

2. I have heard learned counsel for the parties and have

also gone through the record of the case.

3. Statements of both the petitioners, who are also the

.

complainants in the aforesaid cross FIRs, have also been

independently recorded in the Court, wherein they have stated that

they have entered into a compromise with each other and not

interested in pursuing the matter which led to registration of FIR

No.181 of 2013, dated 15.05.2013, registered at Police Station

Paonta Sahib, District Sirmaur, H.P., under Sections 452, 323, 324

and 506 read with Section 34 of the Indian Penal Code, and FIR

No.148 of 2019, dated 25.09.2019, registered at Police Station

Majra, District Sirmaur, H.P., under Sections 341, 323, 504, 506,

509, 325, read with Section 34 of the Indian Penal Code. 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 both the

petitioners, who are also the complainants in the aforesaid cross

FIRs.

4. Learned Additional Advocate General has also very fairly

submitted that the respondent­State has no objection in case this

petition is allowed and FIRs in issue are quashed and set aside.

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

and FIR No.181 of 2013, dated 15.05.2013, registered at Police

Station Paonta Sahib, District Sirmaur, H.P., under Sections 452,

.

323, 324 and 506 read with Section 34 of the Indian Penal Code,

lodged by Sh. Nazaket Ali, who is petitioner No.1 in the present

petition, against Ms. Sheeba, who is petitioner No.2 in the present

petition, as well as FIR No.148 of 2019, dated 25.09.2019, registered

at Police Station Majra, District Sirmaur, H.P., under Sections 341,

323, 504, 506, 509, 325, read with Section 34 of the Indian Penal

Code, lodged by Ms. Sheeba who is petitioner No.2 in the present

petition, against Sh. Nazaket Ali, who is petitioner No.1 in the

present petition, as also the consequential proceedings arising out of

the same, are quashed and set aside, taking into consideration the

compromise entered between them and statement to this effect,

made by them in this Court. The Compromise Deed (Annexure P­3)

as well as statement of both the petitioners, who are also the

complainants in the aforesaid cross FIRs, made today in the Court

shall form part of the judgment. Miscellaneously applications, if any,

also stand disposed of.

    December 29, 2021                              (Ajay Mohan Goel)
        (rishi)                                           Judge