Decided On 11Th May vs State Of H.P. & Ors
2023 Latest Caselaw 5657 HP

         IN THE   HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
                                             Cr.MMO No.443 of 2023
                                             Decided on 11th May, 2023
    Sanjeev Kumar & 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. Mukul Sood, 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.   Virender   Kumar,              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.137 of 2015, dated 27.07.2015, registered under Sections

451, 147, 149, 323, 427, 504, 201 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, Mr. Sarvjeet Singh, who is present in

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

Virender Kumar, Advocate. His statement has also been

independently recorded in the Court, wherein he has stated that he

is not interested in pursuing the matter which led to registration of

FIR No.137 of 2015, dated 27.07.2015, registered under Sections

.

451, 147, 149, 323, 427, 504, 201 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.137 of 2015, dated 27.07.2015, registered under

Sections 451, 147, 149, 323, 427, 504, 201 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)