Mamta vs State Of Himachal
2021 Latest Caselaw 5068 HP

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                 ON THE 27th DAY OF OCTOBER, 2021




                                                          .
                            BEFORE





           HON'BLE MR. JUSTICE AJAY MOHAN GOEL
                 CRIMINAL MISC. PETITION (MAIN) U/S 482 CRPC





                 No. 41 of 2021

     Between:-
1.   MAMTA, W/O SH. YASHWANT
     SINGH,     RESIDENT     OF




     VILLAGE BARTU, P.O. SEEMA,
     TEHSIL ROHRU, DISTRICT
     SHIMLA, H.P.     r
2.   SH. BINDER SINGH, S/O LATE

     SH. VIJAYANAND.

3.   SMT. LEELAPATI,      W/O   SH.
     BINDER SINGH.



4.   KAPTAN SINGH,        S/O   SH.
     BINDER SINGH.




     ALL RESIDENTS OF VILLAGE
     DIUDI    (BHATWARI),  P.O.





     PEKHA, TEHSIL CHIRGAON,
     DISTRICT SHIMLA, H.P.





                                               ...PETITIONERS
     (BY SHRI SUNIL CHAUHAN, ADVOCATE)

     AND

1.   STATE     OF    HIMACHAL
     PRADESH         THROUGH
     PRINCIPAL      SECRETARY
     (HOME), GOVERNMENT OF H.P.,
     SHIMLA-2.




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2.    THE SUPERINTENDENT OF
      POLICE, SHIMLA, DISTRICT
      SHIMLA, H.P.
                                     ...RESPONDENTS




                                                                   .
      (SHRI  ASHOK    SHARMA,  ADVOCATE





      GENERAL, WITH M/S ADARSH SHARMA &
      SANJEEV SOOD, ADDITIONAL ADVOCATE
      GENERALS & MR. KAMAL KANT CHANDEL,
      DEPUTY ADVOCATE GENERAL)





      Whether approved for reporting? No.
__________________________________________________________
         This petition coming on for orders this day, the Court passed
the following:





                                  JUDGMENT

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

Criminal Procedure, the petitioners have prayed for quashing of FIR No.

153 of 2020, dated 10.12.2020, registered under Section 306 read with

Section 34 of the Indian Penal Code at Police Station Rohru, Tehsil and

District Shimla, H.P., on the ground that the matter has been compromised

between the complainant and the accused, who are husband and wife. In

addition, according to the petitioners, even otherwise a perusal of the

contents of the FIR, prima facie, demonstrate that a non-cognizable

offence is made out and on these basis, a prayer has been made that as

filing of the FIR and the investigation which has been carried out, as a

result of the registration thereof has unnecessarily resulted in the

harassment of the petitioners, this petition be allowed and the FIR in issue

be quashed.

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

learned Additional Advocate General and also gone through the

.

investigation report, which has been produced by the Investigating Officer.

3. This Court is aware as to what are the parameters within

which it can invoke its jurisdiction under Section 482 of the Code of

Criminal Procedure for quashing FIR and this Court is also aware of the

fact that the powers so conferred upon this Court are to ensure that there

is no unnecessary harassment of person(s) as a result of filing of the

Criminal cases against them, but then it is also a matter of settled legal

principles that as per the verdicts of Hon'ble Supreme Court, this Court

has to be extremely cautious while exercising the inherent powers

conferred upon it under Section 482 of the Code of Criminal Procedure.

4. Coming to the facts of this case, an FIR has been registered

against the accused under Section 306 read with Section 34 of the Indian

Penal Code. The allegation as spelled out in the FIR was that the

deceased has left a Suicide Note, in which, allegations have been levelled

against the accused, who is the daughter-in-law of the deceased, to the

effect that it is on account of the acts of the accused, which led to the

deceased taking the harsh step of doing away with his life. This Court is of

the considered view that the allegations are serious. It is a matter of

record that now the investigation in the matter is complete and challan

stands filed before the learned Trial Court and the matter is at the stage of

consideration of charges.

.

5. In view of the fact that the FIR has been registered under

Section 306 read with Section 34 of the Indian Penal Code, which is a

heinous offence, this Court is of the considered view that it is not a fit case

to invoke the jurisdiction of this Court under Section 482 of the Criminal

Procedure by quashing the FIR in question. As the challan already stands

filed before the learned Trial Court, it is always open to the accused to

make submissions to the effect that no charge be framed against the

accused before the learned Trial Court. Therefore, this Court is not

inclined to interfere. Accordingly, the petition being devoid of any merit is

dismissed.

(Ajay Mohan Goel) Judge October 27, 2021

(bhupender)