Himachal Pradesh High Court
Sh. Sonu vs State Of Himachal Pradesh on 1 October, 2021
Bench: Ajay Mohan Goel
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 1st DAY OF OCTOBER, 2021
.
BEFORE
HON'BLE MR. JUSTICE AJAY MOHAN GOEL
CRIMINAL MISC. PETITION (MAIN) U/S 482 CRPC No. 475 OF 2021
Between:-
1. SH. SONU S/O SH. SUSHIL KUMAR
R/O VILLAGE AJIWALA, TEHSIL
POANTA SAHIB, DISTRICT
SIRMOUR, H.P.
2. SH. GOVIND S/O SH. SUSHIL
KUMAR R/O VILLAGE AJIWALA,
TEHSIL POANTA SAHIB, DISTRICT
SIRMOUR, H.P.
3. SH. AMI CHAND S/O SH.
JUBBAL,R/O VILLAGE AJIWALA,
TEHSIL POANTA SAHIB, DISTRICT
SIRMOUR, H.P.
..........PETITIONERS
(BY M/S A.S. RANA AND KAMLESH KUMARI, ADVOCATES)
AND
1. STATE OF HIMACHAL PRADESH,
THROUGH SECRETARY (HOME),
GOVERNMENT OF HIMACHAL
PRADESH, SHIMLA-02.
2. SUPERINTENDENT OF POLICE,
DISTRICT SIRMOUR, H.P.
3. MOHD. SULTAN, S/O SH. MOHD.
HANIF, R/O VILLAGE AMARKOT,
TEHSIL POANTA SAHIB, DISTRICT
SIRMOUR, H.P.
4. SH. JAGPREET SINGH BAINS, S/O
SH. PARAMJEET SINGH BAINS R/O
VILLAGE GONDPUR, TEHSIL
POANTA SAHIB, DISTRICT
SIRMOUR, H.P.
........RESPONDENTS
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(M/S SUMESH RAJ, ADARSH SHARMA AND
SANJEEV SOOD, ADDITIONAL ADVOCATE
GENERALS WITH MR. KAMAL KANT
CHANDEL, DEPUTY ADVOCATE GENERAL,
.
FOR R-1 AND R-2;
MR. ASHOK KUMAR, ADVOCATE FOR R-3 AND
R-4.)
___________________________________________________________
Whether approved for reporting: Yes
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. 134 of 2021, dated 21.08.2021, registered
under Sections 323, 342, 363 and 506 read with Section 34 of
the Indian Penal Code, at Police Station Poanta Sahib, District
Sirmaur, H.P.
2. I have heard learned Counsel for the petitioners as
well as learned Counsel for respondents No. 3 and 4 and learned
Additional Advocate General.
3. Petitioner No. 1, namely, Sh. Sonu, who is present in
person in the Court, has been duly identified by his Counsel Mr.
A.S. Rana, Advocate. His statement has also been independently
recorded in the Court, wherein he has stated that he has entered
into a compromise with the respondents No. 3 and 4/accused as
the issue which led to registration of FIR in question has been
amicably settled between them and he is not interested in
.
pursuing further the FIR No. 134 of 2021, dated 21.08.2021,
under Sections 323, 342, 363 and 506 read with Section 34 of
the Indian Penal Code, at Police Station Poanta Sahib, District
Sirmaur, H.P. 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 petitioner No. 1. He has also
acknowledged his signatures on Compromise Deed Annexure
P/2.
4. 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.
5. Accordingly, in view of above, this petition is allowed
and FIR No. 134 of 2021, dated 21.08.2021, registered under
Sections 323, 342, 363 and 506 read with Section 34 of the
Indian Penal Code, at Police Station Poanta Sahib, District
Sirmaur, H.P. is ordered to be quashed and set aside, taking into
consideration the compromise entered between the complainant
i.e. petitioner No. 1 and the accused i.e. respondents No. 3 and 4
and statement to this effect, made by petitioner No. 1, namely,
Sh. Sonu, 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.
(Ajay Mohan Goel)
Judge
October 01, 2020
(narender)
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