Sh. Joginder Lal Saka vs State Of H.P. Through on 20 May, 2022

[Cites 1, Cited by 6]

Himachal Pradesh High Court

Sh. Joginder Lal Saka vs State Of H.P. Through on 20 May, 2022

Bench: Ajay Mohan Goel

          IN   THE   HIGH
                        COURT OF HIMACHAL PRADESH,
                             SHIMLA
                  ON THE 20th DAY OF MAY, 2022
                            BEFORE
             HON'BLE MR. JUSTICE AJAY MOHAN GOEL




                                                      .
         CRIMINAL MISC. PETITION (MAIN) U/S 482 CRPC No.





                        226 of 2022
    Between:

    1.   SH. JOGINDER LAL SAKA,





    SON OF LATE SH. KARAM CHAND
    SAKA, AGED ABOUT 72 YEARS.

    2.  SMT. SUDESH SAKA, WIFE
    OF SH. JOGINDER LAL SAKA,





    AGED ABOUT 67 YEARS.

    3.   DEEPAK SAKA, SON OF SH.
    JOGINDER LAL SAKA, AGED
    ABOUT 34 YEARS.

    ALL   RESIDENTS   OF   HOUSE

    NO.826, SUNDERNAGAR, NAGINA
    BAGH,    WARD    NO.2,  NEAR
    DHAWANI          APARTMENTS,
    CHANDERPUR,     TEHSIL   AND


    DISTRICT         CHANDERPUR,
    MAHARASHTRA.

    4.   SMT.    SUSHMA     SAKA




    KAPOOR, WIFE OF SH. PRAVEEN
    KAPOOR,   AGED    ABOUT   45
    YEARS, RESIDENT OF G-2, SREE





    RAM KRIPA APARTMENT, NEAR
    LTV   SCHOOL,   RAM   NAGAR,
    CHANDERPUR,    TEHSIL    AND





    DISTRICT        CHANDERPUR,
    MAHARASHTRA.

                                                   ....PETITIONERS.
    (BY MR. ANUJ GUPTA, ADVOCATE)

    AND

    1.   STATE OF H.P. THROUGH
    SECRETARY HOME TO THE GOVT.
    OF H.P., SECRETARIAT, SHIML-2.

    2.  MEENAKSHI       DHIMAN,
    DAUGHTER OF SH. YASHPAL
    DHIMAN, RESIDENT OF VILLAGE
    AND POST OFFICE BEHDALA,




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                                      2


    NEAR    PACHPEERI    TEMPLE,
    TEHSIL AND DISTRICT UNA, H.P.
    174306
                                                      ....RESPONDENTS.




                                                             .
    (BY M/S DINESH THAKUR, SUMESH RAJ AND SANJEEV SOOD,
    ADDITIONAL     ADVOCATES GENERAL WITH MR. AMIT





    DHUMAL, DEPUTY ADVOCATE GENERAL, FOR RESPONDENT
    NO.1-STATE





    MR. VINAY MEHTA, ADVOCATE, FOR RESPONDENT NO.2.

    Whether approved for reporting?1 No
           This petition coming on for orders this day, the Court passed the





    following:
                              JUDGMENT

By way of this petition filed under Section 482 of the Code of Criminal Procedure, a prayer has been made by the petitioner, for quashing of FIR No. 35 of 2019, dated 06.09.2019, registered under Sections 498-A and 406 read with Section 34 of the Indian Penal Code, at Women Police Station, Una, District Una, H.P.

2. Private respondent stands served. Mr. Vinay Mehta, Advocate, has put in appearance on behalf of the said respondent.

Power of Attorney on behalf of the said respondent be filed during the course of the day. Respondent No.2 (Smt. Meenakshi Dhiman), who is present in the Court, has been duly identified by her counsel Mr. Vinay Mehta, Advocate.

3. I have heard learned counsel for the petitioners as well as learned counsel for respondent No.2 and learned Additional Advocate General representing the State.

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4. Learned counsel for the petitioners have informed the Court that the issue which led to the registration of the said FIR now stands amicably settled between the complainant and the .

petitioners/accused persons.

5. It is in this background, that the petitioners have filed the present petition, praying therein for quashing of the FIR.

6. The respondent-complainant has no objection, in case, this petition is allowed, as prayed for, and the FIR which stood filed by her is ordered to be quashed and set aside in the interest of justice. Her statement to this effect also stands recorded.

7. Learned Additional Advocate General, submits that taking into consideration the peculiar facts of this case, the State has no objection in case, the petition is allowed and FIR in issue is quashed and set aside.

8. Accordingly, in view of the above, this petition is allowed and FIR No. 35 of 2019, dated 06.09.2019, registered under Sections 498-A and 406 read with Section 34 of the Indian Penal Code, at Women Police Station, Una, District Una, H.P., is quashed and set aside. Petition stands disposed of, so also pending miscellaneous application, if any.

(Ajay Mohan Goel) Judge May 20, 2022 (vinod) ::: Downloaded on - 20/05/2022 20:11:43 :::CIS

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