Kavita Kumari vs State Of Hp Through
2022 Latest Caselaw 7440 HP

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA ON THE 5th DAY OF SEPTEMBER, 2022

.

BEFORE HON'BLE MR. JUSTICE AJAY MOHAN GOEL

CRIMINAL MISC. PETITIONS (MAIN) U/S 482 CRPC 698 of

Between:

    KAVITA    KUMARI,  D/O   SH.
    PAWAN     SINGH,  R/O   VPO
    JABOHALA,             TEHSIL
    JHANDUTTA,          DISTRICT
    BILASPUR, H.P., AGED ABOUT
    31 YEARS.


                                                         ....PETITIONER.

    (BY SHRI JAGAT PAL, ADVOCATE)

    AND



    1.  STATE OF HP THROUGH
    SECRETARY (HOME) TO THE
    GOVT.    OF     HIMACHAL




    PRADESH.





    2.   SUPERINTENDENT     OF
    POLICE, BILASPUR, DISTRICT
    BILASPUR, H.P.





    3.    STATION      HOUSE
    OFFICER, POLICE STATION
    TALAI, DISTRICT BILASPUR,
    H.P.

    4.    RANBIR   SINGH    S/O
    SH. LEKH RAM, R/O VILLAGE
    BHAROLI KURD, P.O. BHAROLI
    KALAN,    TEHSIL     KALOL,
    DISTRICT   BILASPUR,    H.P.
    PRESENTLY     POSTED     AS








    JUNIOR     ENGINEER,     JAL
    SHAKTI     SECTION     TALAI,
    DISTRICT BILASPUR, H.P.




                                                                         .

                                                     ....RESPONDENTS.

    (M/S SUMESH RAJ, DINESH THAKUR





    AND SANJEEV SOOD, ADDITIONAL
    ADVOCATE GENERALS, FOR R-1 TO R-
    3/STATE)
    MR. RAMAKANT SHARMA, ADVOCATE,
    FOR R-4)





    Whether approved for reporting?

____________________________________ This petition coming on for admission this day, the Court passed the following:-

rJUDGMENT

By way of this petition, the petitioner has prayed for quashing

of FIR No.0047/2021, dated 17.05.2021, registered under Sections 147,

353, 341, 504 and 506 of the Indian Penal Code at Police Station Talai,

District Bilaspur, H.P. as well as consequential criminal proceedings

pending in the Court of Judicial Magistrate First Class, Jhanduta, District

Bilaspur, H.P.

2. It appears from the record that a site for establishment of

Sewerage Treatment Plant (STP) is the bone of contention between the

parties, which so stands selected for the purpose of construction by IPH

Department for Nagar Panchayat Talai, Tehsil Jhandutta, District Bilaspur,

H.P. The petitioner alongwith other accused being aggrieved by the

construction work being carried out over the said site, allegedly caused

obstruction, which resulted in the lodging of the FIRs against them. The

petitioner is the resident of village Jabohala, District Bilaspur, H.P. Majority

of the accused are ladies and it appears that in the heat of movement the

.

alleged event took place, resulting in the lodging of the FIRs.

3. On the previous dates of hearing, after taking into

consideration the totality of the circumstances involved in the case, as this

Court was of the view that it would be harsh upon the petitioner if she has to

go through the ordeal of trial, this Court had observed that in case the

petitioner is willing to make a statement before the Court that she will not

take the law in her own hands and shall not cause any obstruction in the

construction work of the Sewerage Treatment Plant (STP), then this Court

may consider to invoke its inherent jurisdiction for quashing of the FIR.

4. Today, Mr. Jagat Pal, learned counsel for the petitioner has

informed the Court that as the petitioner has been recently blessed with a

child, therefore, as she is not in a position to appear before the Court and

she may be exempted from personal appearance so as to make a statement

in the Court, as has been made by other accused in the FIR.

5. As the State has not disputed the foundation of the statement

so made by Mr. Jagat Pal, therefore, the prayer is allowed and the petitioner

is exempted from personal appearance before the Court. Learned counsel

for the petitioner has also stated that he has instructions to state that the

petitioner shall not take the law in her own hands and thus not cause any

obstruction in the performance of work by the Government officers and

officials. It stands explained to the party through counsel that in case the

petitioner has any grievance with regard to the Sewerage Treatment Plant

(STP) being set up, then she always can take recourse to such remedy as

.

may be available to her in law, but it will not be in her interest to take the law

in her own hands.

6. Though learned Additional Advocate General and learned

counsel for respondent No.4 have stated that the Court should not invoke its

inherent jurisdiction and quash the FIR, but this Court is of the considered

view that as now the petitioner has undertaken through counsel that she will

not take the law in her own hands, the Court should come to the rescue of

the petitioner.

7. Accordingly, the petition is disposed of by ordering the

quashing of FIR No.0047/2021, dated 17.05.2021, registered under

Sections 147, 353, 341, 504 and 506 of the Indian Penal Code at Police

Station Talai, District Bilaspur, H.P. as well as consequential criminal

proceedings pending in the Court of Judicial Magistrate First Class,

Jhanduta, District Bilaspur, H.P. Miscellaneously applications, if any, also

stand disposed of.

Learned counsel for the parties can download this judgment

from the official web page of this Court and attest it to be a true copy.

    September 05, 2022                                 (Ajay Mohan Goel)
         (bhupender)                                         Judge