Himachal Pradesh High Court
Abhishek vs State Of Himachal Pradesh on 3 January, 2022
Bench: Ajay Mohan Goel
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. 631 OF 2021
Between:-
1. ABHISHEK S/O SH. RAJESH R/O
VILLAGE ASALWAS DUBIA,
POST OFFICE ASALWAS
MARHETA TEHSIL AND
DISTRICT BHAWANI,
HARAYANA.
2. KULDEEP S/O KARAN SINGH
R/O VILLAGE GOTHRA, POST
OFFICE BHIWANI, TEHSIL
LOHARU, DISTRICT BHIWANI,
HARYANA.
..........PETITIONERS
(BY M/S AJAY KOCHHAR AND VIVEK
SHARMA, ADVOCATES)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH ITS PRINCIPAL
SECRETARY (HOME) TO THE
GOVT. OF HIMACHAL PRADESH,
SHIMLA, 171002, HP.
2. LALIT SHARMA S/O KRISHAN
LAL, R/O VILLAGE PUJALI, POST
OFFICE KALBOG, DISTRICT
SHIMLA, HIMACHAL PRADESH.
........RESPONDENTS
(M/S SUMESH RAJ, ADARSH SHARMA AND
SANJEEV SOOD, ADDITIONAL ADVOCATE
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2
GENERALS WITH MR. MANOJ BAGGA,
ASSISTANT ADVOCATE GENERAL FOR R-1;
MR. RAMESH CHAND SHARMA, ADVOCATE
FOR R-2)
.
___________________________________________________________
Whether approved for reporting: No
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 petitioners have prayed for
quashing of FIR No. 101 of 2021, dated 13.10.2021, registered
at Police Station Kumarsain, District Shimla, HP, under Sections
336 read with Section 34 of the Indian Penal Code and Section
25 of the Arms Act, as well as ensuing criminal proceedings, if
any.
2. Mr. Ajay Kochhar, learned Counsel for the petitioners
has argued that the issue, which led to the filing of the FIR, now
stands settled amicably between the accused and the
complainant. He submitted that taking into consideration the
background, in which the unfortunate incident took place and
the fact that now the matter stands amicably settled between the
parties, it will be in the interest of justice, in case, this petition is
allowed and the FIR in issue as well as ensuing criminal
proceedings, are quashed as the parties have resolved the matter
by way of amicable settlement. He has drawn the attention of the
.
Court to the Deed of Settlement entered into between the
parties, copy of which is appended with the petition as Annexure
P-1.
3. Mr. Sumesh Raj, learned Additional Advocate
General, has argued that though the factum of the matter
having been compromised between the complainant as well as
victim and accused is not in dispute but taking into
consideration the sections involved, under which the FIR stands
registered against the accused, this is not a fit case wherein this
Court should exercise its inherent powers so conferred under
Section 482 of the Code of Criminal Procedure, and it will be in
the interest of justice, in case, the trial is permitted to continue
and taken to its conclusion. He submitted that gravity of the
offences does not entail the accused/petitioners for the relief,
which they are seeking by way of this petition.
4. Before proceeding further, it is relevant to mention
that on 22.12.2021, the complainantwas present in person in
the Court and he has made separate statement on oath that he
has no objection, in case, this petition is allowed, as prayed for,
and the FIR in issue as well as ensuing criminal proceedings,
pending before the learned Court below, are ordered to be
quashed. The sections of Indian Penal Code under which the FIR
.
in issue has been registered are already enumerated
hereinabove.
5. I have heard learned Counsel for the petitioners as
well as learned Additional Advocate General and also gone
through the petition as well as documents appended therewith,
including the compromise deed Annexure P-1.
6. When one peruses the documents appended with the
petition as also the case record, it appears that the accused fired
in air out of mere carelessness and the intent was not to harm
any person or cause bodily injury to anyone. Though, the alleged
act of the accused otherwise is not condonable but taking into
consideration the fact that now the matter stands resolved
between the parties on account of intervention of respectable
persons of the society, this Court is of the considered view that it
will be in the interest of justice, in case, this Court exercises its
powers so vested under Section 482 of the Code of Criminal
Procedure in allowing this petition and quash the FIR in issue as
well as ensuing criminal proceedings. Ordered accordingly.
7. Accordingly, in view of above, this petition is allowed
and FIR No. 101 of 2021, dated 13.10.2021, registered at Police
Station Kumarsain, District Shimla, HP, under Sections 336
read with Section 34 of the Indian Penal Code and Section 25 of
.
the Arms Act, as well as ensuing criminal proceedings, if any,
are ordered to be quashed and set aside, taking into
consideration the deed of settlement Annexure A-1 entered
between the accused/petitioners and complainant/respondent
No. 2. Statement made by the complainant on oath on
22.12.2021, in this Court, shall form part of the judgment.
The petition is accordingly disposed of in above
terms, so also pending miscellaneous application(s), if any.
(Ajay Mohan Goel)
Judge
January 03,2022
(narender)
