Himachal Pradesh High Court
Saurabh Negi vs State Of Himachal Pradesh & Others on 26 December, 2023
Author: Virender Singh
Bench: Virender Singh
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr.MMO No.1208 of 2023
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Decided on : 26.12.2023
Saurabh Negi ...Petitioner
Versus
State of Himachal Pradesh & Others ...Respondents
of
Coram
The Hon'ble Mr. Justice Virender Singh, Judge.
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Whether approved for reporting?1
For the petitioner : Petitioner in custody of HHC
Radha Krishan No.844,
Constable Pawan Kumar
No.508 of Police Line, Kaithu
with Kr. Virender Singh,
Advocate.
For the respondents : Mr. Mohinder Zharaick,
Additional Advocate General
with Ms.Leena Guleria, Deputy
Advocate General, for
respondents No.1 and 2.
Mr. Sanjay Prashar, Advocate,
for respondent No.3.
Virender Singh, Judge (oral).
Petitioner Saurabh Negi, has filed the present
petition, under Section 482 of the Code of Criminal
Procedure (hereinafter referred to as 'CrPC'), for quashing
Whether Reporters of local papers may be allowed to see the judgment? Yes.
of FIR No.36/2023, dated 4th May, 2023 (hereinafter
referred to as the FIR, in question), registered with Police
.
Station, Kotkhai, District Shimla, H.P., under Sections
451, 323, and 506 of the Indian Penal Code, (hereinafter
referred to as the 'IPC'), as well as, the proceedings
resultant thereto, which are stated to be pending before the
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Court of learned Additional Chief Judicial Magistrate,
Theog, District Shimla, H.P., (hereinafter referred to as the
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'trial Court'), by way of case No.59 of 2023, titled State Vs.
Saurabh Negi.
2. The relief of quashing has been sought on the
basis of the compromise effected between the parties.
3. According to the petitioner, on the statement of
respondent No.3, the FIR, in question, has been registered
against him.
4. After registration of the FIR, the police has
conducted the investigation and submitted the report
under Section 173(2) Cr.PC, which is now pending
adjudication before the learned trial Court.
5. According to the petitioner, during the
pendency of the aforesaid case, with the intervention of the
respectables of the society and in order to maintain their
future cordial relations, the matter has been compromised
.
between the parties.
6. The terms and conditions of the compromise
have been reduced into writing, which are annexed with
the petition, as Annexure P2.
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7. On the basis of the above facts, a prayer has
been made that the FIR, in question, as well as,
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proceedings resultant thereto, pending before the learned
trial Court, may kindly be quashed and set aside, by
allowing the petition.
8. When put to notice, respondents No.1 and 2
State have filed the status report, mentioning therein the
circumstances, in which, the FIR, in question, has been
registered, at the instance of respondent No.2, as well as,
the manner, in which, the investigation has been
conducted, by the police, in this case.
9. Respondent No.3, who, at one point of time, has
put the criminal machinery into motion, appeared before
this Court, on 12.12.2023 and has stated that he, as well
as, the petitioner are residents of the same area, as such,
in order to maintain their cordial relations, with the
intervention of the respectables of the society, the matter
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has been settled between them, vide compromise Annexure
P2. He, in unequivocal terms, has deposed that he has no
objection, in case, the petition is allowed, as prayed for.
10. PetitionerSaurabh Negi, in the present case, is
of
in judicial custody, in FIR No.40/2023, under Sections
342, 302, 323, 365 IPC, registered with Police Station,
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Kotkhai, District Shimla, H.P., hence, learned counsel for
the petitioner has moved Cr.MP No.4806 of 2023, which
was allowed by this Court on 22.12.2023, directing the
Superintendent, SubJail, Kaithu, Shimla to produce
applicantpetitioner Saurabh Negi, before this Court.
11. Consequently, today, petitioner Saurabh Negi,
has been produced in judicial custody before this Court.
He has also made similar type of statement, on oath.
According to him, he and respondent No.3, are residents of
the same area, as such, in order to maintain their future
cordial relations, with the intervention of the respectables
of the society, the matter has been compromised between
them. The compromise has been reduced into writing,
copy of which is Annexure P2. He has also prayed that in
view of the compromise, the present petition may kindly be
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allowed and the FIR, as well as, the proceedings resultant
thereto, may kindly be quashed. Respondent No.3, is also
present today.
12. Heard.
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13. The person, who has put the criminal
machinery rtinto motion is respondent No.3. While
appearing, before this Court, on 12.12.2023, he has
categorically deposed that the matter has been
compromised between the parties. The reason for
compromise is stated to be to maintain their future cordial
relations and to live peacefully in the society.
14. The primary purpose of law is to maintain
peace and harmony in the society. When, the petitioner
and respondent No.3 have buried all the disputes by
compromising the matter, then, permitting the proceedings
to continue, before the learned trial Court, would be
nothing, but, abuse of the process of law.
15. Even otherwise, the acceptance of the
compromise, by this Court, will save the precious judicial
time of the learned trial Court, which, the learned trial
Court will be in a position to devote for the decision of
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some other serious matters, pending before it.
16. Considering all these facts, the petition is
allowed and FIR No.36/2023, dated 04.05.2023, registered
with Police Station, Kotkhai, District Shimla, H.P., under
of
Sections 451, 323, and 506 IPC, as well as, the
proceedings resultant thereto, pending before the learned
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trial Court, by way of case No.59 of 2023, titled State
versus Saurabh Negi, are ordered to be quashed.
17. The compromise deed, Annexure P2, and the
statements of the parties, shall form part of the judgment.
18. Pending miscellaneous applications, if any,
shall also stand disposed of accordingly.
( Virender Singh )
Judge
December 26, 2023(ps)
