Ahmad Mateen Alias vs State Of Himachal
2021 Latest Caselaw 5045 HP

       IN   THE    HIGH   COURT OF   HIMACHAL           PRADESH,
                             SHIMLA
                 ON THE 25th DAY OF OCTOBER, 2021




                                                       .
                             BEFORE





               HON'BLE MR. JUSTICE AJAY MOHAN GOEL

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





            No.499 of 2021

    Between:

    1.  AHMAD MATEEN ALIAS





    ABDUL MATEEN S/O SH.
    MOHAMMAD     YASIN,   R/O
    MOHALLA JATTAN, P.O. &
    TEHSIL   BIJNOR,    UTTAR
    PRADESH,        PRESENTLY
    RESIDING     IN
                   r     AMAR

    COTTAGE, KASCCHI GHATI,
    SHIMLA.

    2. MOHAMMAD SALEEM S/O
    SH.   ABDUL    AZIZ,  R/O


    VILLAGE    BHARYAL,   P.O.
    BADERI, TEHSIL & DISTRICT
    SHIMLA, H.P.
                                                   ....PETITIONERS.






    (BY SHRI RAKESH CHAUHAN, ADVOCATE)

    AND





    1.   STATE OF HIMACHAL
    PRADESH.

    2. SMT. SHERIN PARVEEN,
    WIFE OF SH. JAVED, R/o
    AMAR             COTTAGE
    KACHIGHATTI, TEHSIL AND
    DISTRICT SHIMLA, H.P.

                                           .... RESPONDENTS

    (BY SHRI ADARSH SHARMA, SHRI SANJEEV SOOD,
    ADDITIONAL ADVOCATES GENERAL, FOR RESPONDENT




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                                       2


    NO.1.

    MS. RUCHIKA, ADVOCATE, VICE                    SHRI        C.D.      NEGI,
    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

Ms. Ruchika, Advocate, vice Mr. C.D. Negi, 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 petitioners have prayed for

quashing of FIR No.25 of 2017, dated 27.02.2017, registered under

Sections 323 and 324 of the Indian Penal Code, at Police Station

Boileauganj, District Shimla, Himachal Pradesh.

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

as learned counsel for respondent No.2 and learned Additional

Advocate General.

3. Respondent No.2 (Smt.Sherin Parveen), who is present

in Court, has been duly identified by her counsel Ms. Ruchika,

Advocate, vice Mr. C.D. Negi, Advocate. Her statement has also been

independently recorded in the Court, wherein she has stated that as

the issue which led to the altercation between the accused and the

victim stands amicably settled between them, she has no objection

in case this petition is allowed and the FIR which stood registered at

her behest is ordered to be quashed and set aside, so also ensuing

criminal proceedings, if any. She submit that she is making this

statement today in the Court out of her free will and volition and not

under any coercion or duress.

.

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.25 of 2017, dated 27.02.2017, registered under Sections

323 and 324 of the Indian Penal Code, at Police Station Boileauganj,

District Shimla, Himachal Pradesh, as well as ensuing criminal

proceedings against the petitioners, are quashed and set aside,

taking into consideration the fact that the matter between the

accused and the victim stands amicably settled and statement to

this effect, made by respondent No.2 in this Court. Miscellaneously

applications, if any, also stand disposed of.

    October 25, 2021                                (Ajay Mohan Goel)
        (rishi)                                            Judge