Himachal Pradesh High Court
Puran Chauhan & Ors vs State Of H.P.& Ors on 30 November, 2023
Author: Virender Singh
Bench: Virender Singh
1
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Cr. MMO No. 1139 of 2023
Decided on : 30.11.2023
.
Puran Chauhan & ors ...Petitioners
Versus
State of H.P.& ors. ...Respondents
of
____________________________________________________
Coram
Hon'ble Mr. Justice Virender Singh, Judge
Whether approved for reporting?
rt
____________________________________________________
For the Petitioners : Mr. Jagat Pal, Advocate.
For the Respondents : Mr.Mohinder Zharaick, Addl.
A.G. with Ms. Leena Guleria,
Dy. A.G., for respondents No.
1 to 3.
Mr. Asheesh Patial,
Advocate, for respondent
No.4.
Virender Singh, Judge (oral)
The petitioners have filed the present
petition, under Section 482 of the Code of Criminal
Procedure (hereinafter referred to as 'the Cr. P.C.')
seeking quashing of FIR No. 58 of 2023, dated
5.6.2023, under Sections 323, 506, 354-D and 34 of the
Indian Penal Code (hereinafter referred to as 'the IPC')
registered with Police Station, Shimla East, H.P., in view
of the compromise, having been effected, between the
.
parties.
2. According to the petitioners, they and are
respondent No. 4 are from the same family and due to
of
some mis-understanding, the FIR in question has been
lodged, at the instance of respondent No. 4.
3.
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According to the petitioners, a cross FIR No. 59
of 2023 has also been registered, at the instance of
petitioner No.2. Investigation, in both the cases, is
pending.
4. Now, the petitioners are before this Court, with
a prayer to quash the FIR in question, on the basis of
compromise, which has taken place between the
parties, i.e. petitioners and respondent No. 4, in order
to maintain their cordial relations, as they are family
members and want to live peacefully, in future. The
compromise deed is annexed with the petition, as
Annexure P-2.
5. On all these submissions, a prayer to allow the
present petition, by quashing the FIR in question, has
been made.
.
6. When put to notice, respondents-State has filed
the status report, disclosing therein the manner, in
which, the FIR, as well as, the cross-FIR have been got
of
registered.
7. Respondent No. 4, who had lodged the FIR
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against the petitioners, for the commission of offences,
punishable under Sections 323, 506, 354-D and 34 of
IPC, when, appeared before this Court, has stated on
oath that due to some mis-understanding, the FIR in
question was lodged by her, against the petitioners.
According to her, the parties to the lis are family
members. Now, the matter has been compromised
between the parties, in order to maintain their cordial
relations. The terms and conditions of the compromise
have been reduced into writing and the same is annexed
with the petition, as Annexure P-2.
8. She has categorically stated that she has no
objection, in case, the petition is allowed and the FIR in
question is quashed.
.
9. Similar type of statement has been made by the
petitioners.
10. Heard.
of
11. Petitioners and respondent No. 4 are family
members. FIR No. 58 of 2023, was got registered by
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respondent No. 4, against the petitioners, whereas,
cross FIR No. 59 of 2023 has got registered by petitioner
No. 2, against respondent No. 4, and her husband. The
matter has been compromised, with regard to both the
FIRs.
12. In such situation, when the parties to the lis
have buried their disputes and decided to live
peacefully, then it would be just and appropriate for this
Court to honour the compromise, effected between the
parties.
13. Moreover, acceptance of the compromise would
encourage the parties to live peacefully in the society.
14. Even otherwise, since the parties to the lis have
agreed to compromise the matter, as such the chances
of success of the prosecution case, against the
.
petitioners, are also not so bright.
15. Considering all these facts, the present petition
is allowed and FIR No.58 of 2023, dated 5.6.2023,
of
under Sections 323, 506, 354-D and 34 of the IPC,
registered with Police Station, Shimla East, is quashed.
16.
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The statements, so recorded, before this Court,
as well as, compromise deed Annexure P-2, shall form
part of the judgment.
17. The present petition is allowed in the aforesaid
terms. Pending miscellaneous application(s), if any, also
stands disposed of.
(Virender Singh)
Judge
November 30, 2023
Kalpana
