Himachal Pradesh High Court
Om Prakash S/O Sh. Jai Singh vs State Of Himachal Pradesh on 28 July, 2022
Author: Ajay Mohan Goel
Bench: Ajay Mohan Goel
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 28th DAY OF JULY, 2022
.
BEFORE
HON'BLE MR. JUSTICE AJAY MOHAN GOEL
CRIMINAL MISC. PETITION (MAIN) U/S 482 CRPC No. 647 OF 2022
Between:-
OM PRAKASH S/O SH. JAI SINGH,
RESIDENT OF VILLAGE TANDI, PO
GURAIN, TEHSIL BALICHOWKI,
DISTRICT MANDI, H.P. AGED ABOUT
40 YEARS
..........PETITIONER
(BY MR. VINOD CHAUHAN, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
2. NETAR SINGH S/O KARAM SINGH,
R/O VILLAGE NARWAGI, PO
GURAN, TEHSIL BALICHOWKI,
DISTRICT MANDI, H.P. AGED
ABOUT 36 YEARS.
3. TELGI RAM S/O SH. HET RAM R/O
VILLAGE NARWAGI, PO GURAN,
TEHSIL BALICHOWKI, DISTRICT
MANDI, H.P. AGED ABOUT 42.
........RESPONDENTS
(M/S SUMESH RAJ, DINESH THAKUR AND
SANJEEV SOOD, ADDITIONAL ADVOCATE
GENERALS WITH MR. AMIT KUMAR DHUMAL,
DEPUTY ADVOCATE GENERAL, FOR R-1;
MR. MANVENDER SINGH, ADVOATE FOR R-2
And 3.)
___________________________________________________________
Whether approved for reporting: No
This petition coming on for orders this day, the Court
passed the following:-
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2
ORDER
.
By way of this petition filed under Section 482 of the Code of Criminal Procedure, the petitioner has prayed for quashing of FIR No. 72 of 2022, dated 22.04.2022, registered under Sections 286, 336 and 337 of the Indian Penal Code, at Police Station Aut, District Mandi, H.P.
2. I have heard learned Counsel for the petitioner as well as learned Counsel for respondents No. 2 and 3 and learned Additional Advocate General.
3. Complainant Sh. Netar Singh (respondent No. 2) and Sh. Telgi Ram (respondent No. 3), father of injured Shri Hira Lal, who is stated to be a minor, are present in person in the Court.
They have been duly identified by Counsel who is representing them. Statement of complainant Shri Netar Singh (respondent No. 2) has also been independently recorded in the Court, wherein he stated that as the issue which led to registration of the FIR in issue, stands compromised between the parties in terms of Compromise Deed Annexure P-2, therefore, he has no objection in case FIR No. 72 of 2022, dated 22.04.2022, registered under Sections 286, 336 and 337 of the Indian Penal Code, at Police Station Aut, District Mandi, H.P. is quashed and set aside. A copy of compromise so arrived at between the parties is appended with the petition as Annexure P-2 and ::: Downloaded on - 28/07/2022 20:04:19 :::CIS 3 execution of the same as also the contents thereof have also been acknowledged by respondent No. 2. He also acknowledged .
his signatures on Compromise Deed Annexure P-2.
4. Shri Telgi Ram, father of the victim Shri Hira Lal (minor), also stated that he has also no objection in case FIR in issue as also ensuing criminal proceedings, if any, are quashed and set aside. His statement is taken on record.
5. Learned Additional Advocate General has also very fairly submitted that the respondent-State has no objection in case petition is allowed and FIR as well as consequential criminal proceedings, if any, pending trial, are quashed and set aside.
6. Accordingly, in view of above, this petition is allowed and FIR No. 72 of 2022, dated 22.04.2022, registered under Sections 286, 336 and 337 of the Indian Penal Code, at Police Station Aut, District Mandi, H.P. as well as ensuing criminal proceeding, if any, are ordered to be quashed and set aside, taking into consideration the compromise entered between parties and statement to this effect, made by the complainant in this Court, which shall form part of the judgment.
Petition is accordingly disposed of in above terms, so also pending miscellaneous application(s), if any.
(Ajay Mohan Goel) Judge July 28, 2022 (narender) ::: Downloaded on - 28/07/2022 20:04:19 :::CIS