Dhani Ram vs State Of Himachal Pradesh
2021 Latest Caselaw 4514 HP

      IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                  ON THE 14th DAY OF SEPTEMBER, 2021




                                                             .
                                 BEFORE





                HON'BLE MR. JUSTICE AJAY MOHAN GOEL

     CRIMINAL MISC. PETITION (MAIN) U/S 482 CRPC No. 398 OF 2021





    Between:-

    ASHA RAM AGED 35 YEARS, S/O





    DHANI RAM, R/O VILLAGE RUHMANI,
    VILLAGE BHAMAR, TEHSIL THUNAG,
    JANJEHLI MANDI, H.P.
                      r                             ..........PETITIONER

    (BY MS. SHEETAL VYAS, ADVOCATE)

    AND

    1. STATE OF HIMACHAL PRADESH,


       THROUGH SECRETARY HOME,
       GOVERNMENT     OF   HIMACHAL
       PRADESH, SHIMLA.
    2. DR. DUNI CHAND, AGED 30 YEARS




       S/O PESHI RAM, R/O VILLAGE
       VARSCAAN, PANAUL, JANJEHLI,





       DISTRICT   MANDI,   HIMACHAL
       PRADESH.
                                                    ........RESPONDENTS





    (M/S SUMESH RAJ AND ADARSH SHARMA,
    ADDITIONAL ADVOCATE FOR R-1;
    MR. RAJ KUMAR NEGI, ADVOCATE FOR R-2.)
    ___________________________________________________________

                Whether approved for reporting: No

                This petition coming on for orders this day, the Court

    passed the following:-




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                                       2



                                ORDER

By way of this petition filed under Section 482 of the

.

Code of Criminal Procedure, the petitioner has prayed for quashing

of FIR No. 0069/2020, dated 04.07.2020, registered under Section

186 of the Indian Penal Code and Section 3 of the Epidemic

Diseases Act, 1897, at Police Station Janjehli, District Mandi, H.P.

as well as ensuing criminal proceedings, if any.

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, Dr. Duni Chand, who is present in

person in the Court, has been duly identified by his Counsel Shri

Raj Kumar Negi, Advocate. His statement has also been

independently recorded, wherein he has stated that he has

compromised the matter with the petitioner/accused and is not

interested in pursuing the matter, which led to registration of FIR

No. 0069/2020, dated 04.07.2020, under Section 186 of the Indian

Penal Code and Section 3 of the Epidemic Diseases Act 1897, at

Police Station Janjehli, District Mandi, H.P. as well as ensuing

criminal proceedings, if any, as they intend to put an end to the

controversy, so that they can live in peace and harmony.

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 subsequent criminal

proceedings, if any, pending trial, are quashed and set aside.

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

and FIR No. 0069/2020, dated 04.07.2020, registered under

Section 186 of the Indian Penal Code and Section 3 of the Epidemic

Diseases Act 1897, at Police Station Janjehli, District Mandi, H.P.

as well as ensuing criminal proceedings, if any, are quashed and

set aside, taking into consideration the fact that the parties intend

to put an end to the issue so that they can live in peace and

harmony and statement to this effect, made by respondent No. 2 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

September 14, 2021 (narender