Citation : 2022 Latest Caselaw 11654 HP
Judgement Date : 28 December, 2022
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
.
Cr.MMO No.1218 of 2022
Decided on: 28.12.2022
Ravi ....Petitioner.
Versus
State of H.P. & others .... Respondents.
Coram
Hon'ble Mr. Justice Ajay Mohan Goel, Judge.
Whether approved for reporting?1
For the petitioner : Mr.Anuj Gupta, Advocate.
For the Respondents : M/s Sumesh Raj, Dinesh Thakur,
Sanjeev Sood, Additional
Advocates General, for respondent
No.1State.
Mr. Dhananjay Singh, Advocate, for
respondents No.2 to 4.
Ajay Mohan Goel, Judge (Oral)
By way of this petition filed under Section 482 of the
Code of Criminal Procedure, the petitioner has prayed for quashing
of FIR No.166 of 2021, dated 03.09.2021, registered under
Sections 452, 323 and 506 of the Indian Penal Code, at Police
Station Sadar. District Shimla, H.P.
2. I have heard learned counsel for the petitioner as well
as Additional Advocate General as also learned counsel for
respondents No.2 to 4.
Whether reporters of the local papers may be allowed to see the judgment?
3. Respondents No.2 to 4, who are present in the Court,
have been duly identified by Mr. Dhananjay Singh, learned
.
counsel. Their statements have also been independently recorded
in the Court, wherein they have stated that they entered into a
compromise with the petitioner/accused and they are not
interested in pursuing the matter, which led to registration of FIR
No.166 of 2021, dated 03.09.2021, registered under Sections 452,
323 and 506 of the Indian Penal Code, at Police Station Sadar.
District Shimla, H.P. They submit that Annexure P2 as also the
contents thereof were read over to them in Hindi in presence of
learned counsel representing them.
4. Learned Additional Advocate General has also very
fairly submitted that the respondentState 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.166 of 2021, dated 03.09.2021, registered under
Sections 452, 323 and 506 of the Indian Penal Code, at Police
Station Sadar. District Shimla, H.P., as well as ensuing criminal
proceedings, arising out of FIR No.166 of 2021, dated 03.09.2021,
registered under Sections 452, 323 and 506 of the Indian Penal
Code, at Police Station Sadar. District Shimla, H.P., are quashed
and set aside, taking into consideration the compromise entered
between respondents No.2 to 4 and petitioner/accused and
statement to this effect, made by respondents No.2 to 4 in this
Court. Petition stands disposed of, so also the pending
.
miscellaneously applications, if any.
(Ajay Mohan Goel)
Judge
December 28, 2022
(Rishi)
r to
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