Gupta vs State Of Himachal Pradesh
2022 Latest Caselaw 8583 HP

      IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                    ON THE 17th DAY OF OCTOBER, 2022




                                                             .
                                  BEFORE





                HON'BLE MR. JUSTICE AJAY MOHAN GOEL

     CRIMINAL MISC. PETITION (MAIN) U/S 482 CRPC No 918 OF 2022





    Between:-

    MOHIT GUPTA, S/O SHRI SHATISH





    GUPTA, R/O VILLAGE MATRALYIO
    KUNJA   (111),    POANTA    SAHIB,
    SIRMOUR, H.P. PIN CODE 173025

                                                    ..........PETITIONER


    (BY M/S KAMAL KUMAR, ADVOCATE)
    AND

    1. STATE OF HIMACHAL PRADESH


    2. UPASANA GUPTA, W/O MOHIT
       GUPTA R/O VILLAGE MATRALYIO
       KUNJA (111), PAWANTA SAHIB,
       SIRMOUR, H.P. PIN CODE 173205.




                                                       ........RESPONDENTS
    (M/S SUMESH RAJ, DINESH THAKUR AND





    SANJEEV SOOD, ADDITIONAL ADVOCATE
    GENERALS WITH MR. AMIT KUMAR DHUMAL,
    DEPUTY ADVOCATE GENERAL, FOR R-1 ;





    M/S   DEEPIKA    THAKUR     AND   RISHAV
    CHANDEL, 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 petitioner has prayed for

quashing of FIR No. 41 of 2021, dated 07.10.2021, registered

under Sections 504, 506 and 509 of the Indian Penal Code and

.

Section 67 of the Information Technology Act, at Police Station

Renuka, District Sirmour, H.P. as well as ensuing criminal

proceedings, pending in the Court of learned Judicial Magistrate

1st Class, Nahan, District Sirmaur, H.P.

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, Ms. Upasana Gupta, is present in

person in the Court. She has been duly identified by Mr. Rishav

Chandel, Advocate, who is representing her.

4. Statement of complainant Ms. Upasana Gupta

(respondent No. 2), has also been independently recorded in the

Court, wherein she stated that the issue which led to

registration of the FIR in issue, stands sorted out between her

and her husband/petitioner. She has stated that they are living

happily with each other as husband and wife, and in these

circumstances, she is not interested in pursuing the FIR No. 41

of 2021, dated 07.10.2021, registered under Sections 504, 506

and 509 of the Indian Penal Code and Section 67 of the

Information Technology Act, at Police Station Renuka, District

Sirmour, H.P. as well as ensuing criminal proceedings pending

in the Court of learned Judicial Magistrate 1st Class, Nahan,

District Sirmaur, H.P.

.

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. 41 of 2021, dated 07.10.2021, registered under

Sections 504, 506 and 509 of the Indian Penal Code and Section

67 of the Information Technology Act, at Police Station Renuka,

District Sirmour, H.P. as well as ensuing criminal proceedings,

pending in the Court of learned Judicial Magistrate 1st Class,

Nahan, District Sirmaur, H.P. 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 October 17, 2022 (narender)