Village And P.O. Baghi vs State Of Himachal
2021 Latest Caselaw 4914 HP

       IN   THE    HIGH   COURT OF   HIMACHAL            PRADESH,
                              SHIMLA
                  ON THE 5th DAY OF OCTOBER, 2021




                                                        .
                             BEFORE





               HON'BLE MR. JUSTICE AJAY MOHAN GOEL

            CRIMINAL MISC. PETITION (MAIN) U/S 482 CRPC





            No.325 of 2021

    Between:
    MANISH ROHTA, S/O SH.
    DEVI SINGH ROHTA, R/O




    VILLAGE AND P.O. BAGHI,
    TEHSIL        KOTKHAI,
    DISTRICT        SHIMLA,
    HIMACHAL PRADESH.
                   r                                  ....PETITIONER.

    (BY MR.SARTHAK MEHTA, ADVOCATE)

    AND


    1.    STATE OF HIMACHAL
    PRADESH,       THROUGH
    INVESTIGATING   OFFICER,
    POLICE STATION DHALLI,




    DISTRICT         SHIMLA,
    HIMACHAL PRADESH.





    2. MRS. RACHNA CHANDEL,
    W/O SHRI PAWAN PIRTA,
    D/O   SHRI    CHET    RAM





    CHANDEL,    R/O   VILLAGE
    KUFAR, P.O. BAGRI, TEHSIL
    THEOG, DISTRICT SHIMLA,
    HIMACHAL PRADESH, ALSO
    R/O OM LAXMI BHAWAN
    KAMLANAGAR,
    P.O.KAMLANAGAR,    TEHSIL
    AND   DISTRICT    SHIMLA,
    HIMACHAL PRADESH.
                                                ....RESPONDENTS.

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




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                                        2


    MR. KAMAL KANT CHANDEL, DEPUTY ADVOCATE GENERAL,
    FOR THE RESPONDENT NO.1.

    MR. SAURAV RATTAN, ADVOCATE, FOR RESPONDENT NO.2)




                                                               .
    Whether approved for reporting?1 No





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

    following:





                 JUDGMENT

Mr. Saurav Rattan, Advocate has put in appearance on

behalf of respondent No.2.

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

Code of Criminal Procedure, the petitioner has prayed for quashing

of FIR No.238 of 2019, dated 17.12.2019, registered under Sections

376 and 506 of the Indian Penal Code, at Police Station Dhalli,

District Shimla, Himachal Pradesh.

2. I have heard learned counsel for the petitioner as well as

learned counsel for respondent No.2 and learned Additional

Advocate General.

3. Respondent No.2 (Mrs. Rachna Chandel), who is present

in Court, has been duly identified by her counsel Mr.Saurav Rattan,

Advocate. Her statement has also been independently recorded in

the Court, wherein she has stated that she has entered into a

compromise with the petitioner/accused and she is not interested in

pursuing the matter which led to registration of FIR No.238 of 2019,

dated 17.12.2019, registered under Sections 376 and 506 of the

Indian Penal Code, at Police Station Dhalli, District Shimla,

Himachal Pradesh. A copy of the Compromise Deed 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.

.

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 is quashed and set aside.

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

and FIR No.238 of 2019, dated 17.12.2019, registered under

Sections 376 and 506 of the Indian Penal Code, at Police Station

Dhalli, District Shimla, Himachal Pradesh, as well as ensuing

criminal proceedings against the petitioner, are quashed and set

aside, taking into consideration the compromise entered between the

complainant i.e. respondent No.2 and accused and statement to this

effect, made by respondent No.2 in this Court. The Compromise

Deed Annexure P-2 as well as statement of the complainant made

today in the Court shall form part of the judgment. Miscellaneously

applications, if any, also stand disposed of.

    October 05, 2021                                (Ajay Mohan Goel)
        (rishi)                                            Judge