Himachal Pradesh High Court
Sh. Kulbhushan Raj vs The State Of H.P. Through on 2 August, 2022
Author: Ajay Mohan Goel
Bench: Ajay Mohan Goel
1
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 2nd DAY OF AUGUST, 2022
.
BEFORE
HON'BLE MR. JUSTICE AJAY MOHAN GOEL
CRIMINAL MISC. PETITION (MAIN) U/S 482 CRPC
No. 495 of 2022
Between:-
1. SH. KULBHUSHAN RAJ, S/O
SH. RELU RAM, AGED ABOUT
60 YEARS, R/O VILLAGE
KAFRONA, P.O. MATAL,
TEHSIL CHOPAL, DISTRICT
SHIMLA, H.P.
2. SMT. SUMAN RAJ, W/O SH.
KULBHUSHAN RAJ, AGED
ABOUT 58 YEARS, R/O
VILLAGE KAFRONA, P.O.
MATAL, TEHSIL CHOPAL,
DISTRICT SHIMLA, H.P.
3. SH. KAMINDER SINGH, S/O SH.
SHYAM SINGH, AGED ABOUT
28 YEARS, R/O VILLAGE
SHAWALA, POST OFFICE
RUSLAH, TEHSIL NERWA,
DISTRICT SHIMLA, H.P.
...PETITIONERS
(BY S/SHRI PEEYUSH VERMA &
AJAY SHARMA, ADVOCATES)
AND
THE STATE OF H.P. THROUGH
PRINCIPAL SECRETARY HOME,
GOVERNMENT OF H.P.,
SHIMLA.
...RESPONDENT
(M/S SUMESH RAJ, DINESH THAKUR &
SANJEEV SOOD, ADDITIONAL ADVOCATE
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GENERALS, WITH MR. AMIT DHUMAL,
DEPUTY ADVOCATE GENERAL & MR.
MANOJ BAGGA, ASSISTANT ADVOCATE
GENERAL.
.
Whether approved for reporting?
__________________________________________________________
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, the petitioners have prayed for quashing of FIR No. 52 of 2021, dated 03.06.2021, registered under Sections 323, 504 and 506 read with Section 34 the Indian Penal Code and Sections 3(1)(s) and 3(2) (va) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 at Police Station Chopal, District Shimla, H.P. as also the ensuing criminal proceedings.
2. I have heard learned counsel for the petitioners and learned Additional Advocate General.
3. Petitioner No. 3-Sh. Kaminder Singh, who is present in person in the Court, has been duly identified by his counsel Mr. Ajay Kumar, Advocate. His statement has also been independently recorded in the Court, wherein he has stated that he has entered into a compromise with the accused and he is not interested in pursuing the matter which led to the registration of FIR No. 52 of 2021, dated 03.06.2021, registered under Sections 323, 504 and 506 read with Section 34 the Indian Penal Code and Sections 3(1)(s) and 3(2)(va) of The Scheduled Castes and Scheduled ::: Downloaded on - 02/08/2022 20:04:42 :::CIS 3 Tribes (Prevention of Atrocities) Act, 1989 at Police Station Chopal, District Shimla, H.P. as also the ensuing criminal proceedings.
.
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. Accordingly, in view of the above, this petition is allowed and FIR No. 52 of 2021, dated 03.06.2021, registered under Sections 323, 504 and 506 read with Section 34 the Indian Penal Code and Sections 3(1)(s) and 3(2)(va) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 at Police Station Chopal, District Shimla, H.P. as also the criminal proceedings arising out of the said FIR are quashed and set aside, taking into consideration the fact that the matter which led to the registration of FIR in issue has now been amicably settled between the complainant and the accused and a statement to this effect made by the complainant/petitioner No. 3 in this Court. Statement of the complainant 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 August 02, 2022 (bhupender) ::: Downloaded on - 02/08/2022 20:04:42 :::CIS