Himachal Pradesh High Court
Shri Budhi Singh vs State Of Himachal on 3 January, 2022
Bench: Ajay Mohan Goel
1
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 3rd DAY OF JANUARY, 2022
.
BEFORE
HON'BLE MR. JUSTICE AJAY MOHAN GOEL
CRIMINAL MISC. PETITION (MAIN) U/S 482 CRPC
No. 749 of 2021
Between:-
1. SHRI BUDHI SINGH, S/O SHRI
KISHORI LAL, AGED 34
YEARS.
2. SH. VIJAY KUMAR, AGED 32
YEARS, S/O SHRI KISHORI
LAL.
BOTH R/O VILLAGE
BHARMARA, P.O. KUTHER,
TEHSIL JAWALI, DISTRICT
KANGRA, H.P.
...PETITIONERS
(BY SHRI ASHOK CHAUDHARY, ADVOCATE)
AND
1. STATE OF HIMACHAL
PRADESH THROUGH ITS
SECRETARY (HOME) TO THE
GOVERNMENT OF HIMACHAL
PRADESH, SHIMLA, HIMACHAL
PRADESH.
2. NEHA DEVI, D/O SHRI DES RAJ,
W/O SHRI TARSEM, R/O VPO
PALERA VIA LUNJ, TEHSIL AND
DISTRICT KANGRA, H.P.
...RESPONDENTS
(SHRI ASHOK SHARMA, ADVOCATE
GENERAL, WITH M/S SUMESH RAJ,
::: Downloaded on - 31/01/2022 23:32:24 :::CIS
2
ADARSH SHARMA AND SANJEEV SOOD,
ADDITIONAL ADVOCATE GENERALS, FOR
R-1.
.
SHRI M. A. SAFEE, ADVOCATE, FOR R-2)
Whether approved for reporting? No.
__________________________________________________________
This petition coming on for admission 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.
270/2012, dated 26.11.2012, registered under Sections 498A, 342 & 323 of
the Indian Penal Code at Police Station Jawali as well as ensuing criminal
proceedings pending before the Court of learned Judicial Magistrate First
Class, Jawali, District Kangra in Case No. 175-1/2013.
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, Neha Devi, who is present in person
in the Court, has been duly identified by her counsel Mr. M.A. Safee,
Advocate. Her statement has also been independently recorded in the
Court, wherein she has stated that she has entered into a compromise with
the accused and she is not interested in pursuing the matter which led to
registration of FIR No. 270/2012, dated 26.11.2012, registered under
Sections 498A, 342 & 323 of the Indian Penal Code at Police Station
Jawali as well as ensuing criminal proceedings pending before the Court of
.
learned Judicial Magistrate First Class, Jawali, District Kangra in Case No.
175-1/2013. Copy of compromise deed so arrived at between the parties is
appended with the petition as Annexure P-3 and execution of the same as
also the contents thereof have also been acknowledged by respondent No.
2.
4. Learned Additional Advocate General has also very
fairly submitted that the respondent-State has no objection in case petition
is allowed and FIR in issue as well as ensuing criminal proceedings are
quashed and set aside.
5. Accordingly, in view of the above, this petition is allowed
and FIR No. 270/2012, dated 26.11.2012, registered under Sections 498A,
342 & 323 of the Indian Penal Code at Police Station Jawali as well as
ensuing criminal proceedings pending before the Court of learned Judicial
Magistrate First Class, Jawali, District Kangra in Case No. 175-1/2013 are
quashed and set aside, taking into consideration the compromise entered
between the complainant and accused and a statement to this effect, made
by respondent No. 2 in this Court. The compromise deed Annexure P-3 as
well as statement of the complainant made today in the Court shall form
part of the judgment. Miscellaneous applications, if any, also stand
disposed of.
.
(Ajay Mohan Goel)
Judge
January 03, 2022
(bhupender)
r to
