Decided On 11Th May vs State Of H.P. & Ors
2023 Latest Caselaw 5656 HP

         IN THE   HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
                                            Cr.MMO No.444 of 2023
                                            Decided on 11th May, 2023
    Kamaljit & Ors.                                       ...Petitioners




                                                             .
                                   Versus





    State of H.P. & Ors.                                      ...Respondents

    Coram





    Hon'ble Mr. Justice Ajay Mohan Goel, Judge
    1Whether approved for reporting?


    For the petitioners:      Mr. Virender Kumar, Advocate.





    For the respondents:     Mr. Jitender Sharma, Mr. Tejasvi Sharma,
                             Mr. Baldev Negi and Mr. Pushpinder Singh
                             Jaswal, Additional Advocates General, with
                             Mr. Gautam Sood, Deputy Advocate
                     r       General, for respondent Nos. 1 to 3.

                              Mr.    Mukul     Sood,            Advocate,            for
                              respondent No.4.


    Ajay Mohan Goel, Judge (Oral)

By way of this petition filed under Section 482 of the

Code of Criminal Procedure, the petitioners have prayed for quashing

of FIR No.138 of 2015, dated 27.07.2015, registered under Sections

341, 323, 355 and 34 of the Indian Penal Code, at Police Station

Palampur, District Kangra, H.P.

2. I have heard learned counsel for the petitioners as well

as learned Additional Advocate General.

3. Respondent No. 4, Ms. Reeta Devi, who is present in

person in the Court, has been duly identified by his counsel Mr.

Reeta Devi, Advocate. Her statement has also been independently

recorded in the Court, wherein she has stated that she is not

interested in pursuing the matter which led to registration of FIR

No.138 of 2015, dated 27.07.2015, registered under Sections 341,

.

323, 355 and 34 of the Indian Penal Code at Police Station

Palampur, District Kangra, H.P.

4. Learned Additional Advocate General has also very

fairly submitted that the respondent-State has no objection in case

petition is allowed and FIR in issue as well as ensuing criminal

proceedings are quashed and set aside.

5. rAccordingly, in view of the above, this petition is allowed

and FIR No.138 of 2015, dated 27.07.2015, registered under

Sections 341, 323, 355 and 34 of the Indian Penal Code at Police

Station Palampur, District Kangra, H.P., are quashed and set aside,

taking into consideration the statement to this effect made by

respondent No. 4 in this Court. The statement of the

complainant/respondent No. 4 made today in the Court shall form

part of the judgment. Miscellaneous applications, if any, also stand

disposed of.

Downloaded copy of this judgment is valid for

compliance.

(Ajay Mohan Goel) Judge

May 11, 2023 (Vinod)