Poonam Kumari & Another vs The State Of H.P
2021 Latest Caselaw 594 HP

                                                                           .
        IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA





                                             Cr.MMO No.24 of 2021
                                             Decided on: 12.01.2021





    Poonam Kumari & another                 ....Petitioners.
                      Versus
    The State of H.P.                       ...Respondent.





    Coram
    The Hon'ble Mr. Justice Ajay Mohan Goel, Judge.
    Whether approved for reporting?1 No
    For the petitioners      : Mr. N.S. Chandel, Senior
                      r          Advocate, with Mr. Vinod Gupta

                                 and Mr. Rajesh Verma, Advocates.

    For the respondent:                      Mr. Ranjan Sharma, Mr. Adarsh
                                             Sharma, Mr.Vinod Thakur and


                                             Mr. Sanjeev Sood, Additional
                                             Advocates General.

    Ajay Mohan Goel, Judge (Oral)

Notice. Mr. Ranjan Sharma, learned Additional Advocate

General accepts notice on behalf of the respondent-State.

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

Code of Criminal Procedure, the petitioners have prayed for quashing of

F.I.R. No. 198 of 2020, dated 24.09.2020, registered at Police Station

Sadar Hamirpur, District Hamirpur, H.P., under Sections 323, 376 read

with Section 34 of the Indian Penal Code, on the ground that the issue

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

.

which led to the registration of the present F.I.R., has been amicably

settled between the parties and in fact the parties are now married to

each other and no purpose is going to be solved by keeping the

proceedings peding, which stand initiated post lodging of the said F.I.R.

2. The complainant is petitioner No.1 before the Court. She is

duly present in the Court and has been identified by her counsel. Her

statement has also been separately recorded, wherein she has stated that

she is now married to the accused in the F.I.R., who is petitioner No.2

in this petition. She has further stated before the Court that an affidavit

which is appended with the petition as Annexure P-4, in which she has

deposed that she has married to the accused, has been sworn in by her

out of her own free will and volition and not under coercion and duress.

She has further deposed in the Court that the statement which she has

made in the Court today is also out of her own free will and volition.

3. Learned Additional Advocate General submits that in the

peculiar facts of the case, State has no objection in case appropriate

orders are passed and FIR in issue is quashed.

.

4. Having perused the contents of the F.I.R., as well as the

Sections of the Indian Penal Code under which the said F.I.R. has been

registered and further taking into consideration the fact that the

complainant himself is not interested in pursuing the same any further,

this Court is of the view that no purpose will be solved by continuing

with the trial of the case in issue. This is more so for the reason that

when the complainant himself is not interested in pursuing the matter

which stood initiated at his behest, there is each and every possibility

and probability of the accused therein being acquitted.

5. Further, taking into consideration the background as is

borne out from the contents of the F.I.R., and further the fact that the

parties have resolved the matter and they want to live in peace and

harmony with each other, this Court is of the view that the powers

conferred upon it under Section 482 of the Cr.P.C. can be invoked to

put an end to the dispute in issue. Ordered accordingly.

6. Accordingly, present petition is allowed, as prayed for.

F.I.R. No. 198 of 2020, dated 24.09.2020, registered at Police Station

Sadar Hamirpur, District Hamirpur, H.P., under Sections 323, 376 read

with Section 34 of the Indian Penal Code, also ensuing criminal

proceedings, if any, are ordered to be quashed and set aside. Petition

.

stands disposed of in above terms, so also miscellaneous applications, if

any.

Copy dasti.

                                                   (Ajay Mohan Goel)





                                                   Vacation Judge
    January 12,2021
        (Rishi)     r