Ram vs State Of Himachal Pradesh
2022 Latest Caselaw 8686 HP

     IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                   ON THE 19th DAY OF OCTOBER, 2022




                                                             .
                                 BEFORE





                HON'BLE MR. JUSTICE AJAY MOHAN GOEL

     CRIMINAL MISC. PETITION (MAIN) U/S 482 CRPC No 908 OF 2022





    Between:-

    SUNIL KUMAR SON OF SHRI NIKKA





    RAM,    RESIDENT     OF VILLAGE
    GUDDIDHAR,       POST    OFFICE
    SALWANA, TEHSIL SUNDER NAGAR,
    DISTRICT MANDI, H.P.
                                                    ..........PETITIONER


    (BY MR. NARESH K. SHARMA,
    ADVOCATE)

    AND



    1. STATE OF HIMACHAL PRADESH
       THROUGH      ITS    PRINCIPAL
       SECRETARY (HOME) TO THE




       GOVERNMENT     OF   HIMACHAL
       PRADESH, SHIMLA-171002.





    2. SMT. ANURADHA WIFE OF SHRI
       SUNIL KUMAR, RESIDENT OF





       VILLAGE  GUDDIDHAR,     POST
       OFFICE   SALWANA,      TEHSIL
       SUNDER NAGAR, DISTRICT MANDI,
       H.P.
                                                       ........RESPONDENTS
    (M/S SUMESH RAJ, DINESH THAKUR AND
    SANJEEV SOOD, ADDITIONAL ADVOCATE
    GENERALS WITH MR. AMIT KUMAR DHUMAL,
    DEPUTY ADVOCATE GENERAL FOR R-1;
    MR. ASHWANI KAUNDAL, ADVOCTE FOR R-2)
    ___________________________________________________________

                Whether approved for reporting:




                                            ::: Downloaded on - 19/10/2022 20:04:35 :::CIS
                                      2



               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. 18 of 2021, dated 21.01.2021, registered

under Sections 498-A, 323 and 504 of the Indian Penal Code, at

Police Station Sunder Nagar, District Mandi, H.P. as well as

ensuing criminal proceedings pending in the Court of learned

Judicial Magistrate 1st Class, Court No. 2, Sunder Nagar,

District Mandi, 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. Complainant/Respondent No. 2, Smt. Anuradha, is

present in person in the Court. She has been duly identified by

Mr. Ashwani Kaundal, Advocate, who is representing her.

4. Statement of complainant Smt. Anuradha

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

Court, wherein she 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-3, therefore,

he has no objection in case FIR No. 18 of 2021, dated

21.01.2021, registered under Sections 498-A, 323 and 504 of

the Indian Penal Code, at Police Station Sunder Nagar, District

.

Mandi, 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-3 and execution of the same as also

the contents thereof have also been acknowledged by respondent

No. 2. She also acknowledged her signatures on Compromise

Deed Annexure P-3.

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. 18 of 2021, dated 21.01.2021, registered under

Sections 498-A, 323 and 504 of the Indian Penal Code, at Police

Station Sunder Nagar, District Mandi, H.P. as well as ensuing

criminal proceedings pending in the Court of learned Judicial

Magistrate 1st Class, Court No. 2, Sunder Nagar, District Mandi,

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 19, 2022
       (narender)




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