Himachal Pradesh High Court
Neeraj vs State Of Himachal Pradesh on 4 August, 2022
Bench: Ajay Mohan Goel
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 4th DAY OF AUGUST, 2022
.
BEFORE
HON'BLE MR. JUSTICE AJAY MOHAN GOEL
CRIMINAL MISC. PETITION (MAIN) U/S 482 CRPC No 672 OF 2022
Between:-
1. NEERAJ S/O SH. GIAN CHAND, R/O
SAI NIWAS, NEAR ANJI, VIKAS
NAGAR, PO KASUMPATI, TEHSIL
AND DISTRICT SHIMLA, URBAN(1),
H.P. OCCUPATION GOVT.
EMPLOYEES, AGED ABOUT 36
YEARS.
2. BAL KRISHAN SHARMA S/O SH.
HIRA NAND SHARMA, R/O
VILLAGE DUMI, PO PAOBO,
TEHSIL & DISTRICT SHIMLA, H.P.
OCCUPATION SELF EMPLOYED,
AGED ABOUT 42 YEARS.
..........PETITIONERS
(BY MR. DHANANJAY SHARMA, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH SECRETARY (HOME) TO
THE GOVERNMENT OF H.P.
2. SH. SHASHI VERMA, S/O SH. TILAK
RAJ VERMA, R/O VILLAGE
HATHIYA, PO KANGAL, TEHSIL
KUMARSAIN, DISTRICT SHIMLA,
H.P. PRESENTLY RESIDING AT
CHAUHAN NIWAS, KAMYANA,
TEHSIL & DISTRICT SHIMLA, (H.P.)
OCCUPATION PVT. JOB, AGED
ABOUT 31 YEARS.
........RESPONDENTS
(M/S SUMESH RAJ, DINESH THAKUR AND
SANJEEV SOOD, ADDITIONAL ADVOCATE
GENERALS WITH MR. AMIT KUMAR DHUMAL,
DEPUTY ADVOCATE GENERAL AND MANOJ
BAGGA, ASST. AG, FOR R-1 ;
::: Downloaded on - 04/08/2022 20:08:01 :::CIS
2
MR. SERVEDAMAN RATHORE, ADVOCATES
FOR R-2 TO R-4. )
___________________________________________________________
.
Whether approved for reporting:
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 petitioner has prayed for
quashing of FIR No. 80 of 2022, dated 05.06.2021, registered
under Sections 323 and 341 read with Section 34 of the Indian
Penal Code, at Police Station Sadar, Shimla, H.P. as well as
ensuing criminal proceedings.
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, Sh. Shashi Verma, is present in
person in the Court. He has been duly identified by Mr.
Servedaman Rathore, Advocate, who is representing him.
4. Statement of complainant Mr. Shashi Verma
(respondent No. 2) has also been independently recorded in the
Court, wherein he stated that as the issue which led to
registration of the FIR in issue, stands compromised between the
parties in terms of Compromise Deed Annexure P-2, therefore,
he has no objection in case FIR No. 80 of 2022, dated
05.06.2021, registered under Sections 323 and 341 read with
Section 34 of the Indian Penal Code, at Police Station Sadar,
.
Shimla, H.P. as well as ensuing criminal proceedings, pending in
the Court concerned, are quashed and set aside. 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 respondent
No. 2. He also acknowledged his signatures on Compromise
Deed Annexure P-2.
5. 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.
6. Accordingly, in view of above, this petition is allowed
and FIR No. 80 of 2022, dated 05.06.2021, registered under
Sections 323 and 341 read with Section 34 of the Indian Penal
Code, at Police Station Sadar, Shimla, H.P. as well as ensuing
criminal proceedings, if any, pending in the Court concerned,
are ordered to be quashed and set aside, taking into
consideration the compromise entered between parties and
statement to this effect, made by the complainant 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
August 04, 2022
(narender)
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