Himachal Pradesh High Court
Om Parkash Rana And Others vs State Of Himachal Pradesh And Another on 26 April, 2019
Author: Ajay Mohan Goel
Bench: Ajay Mohan Goel
IN THE HIGH COURT OF HIMACHAL PRADESH,
SHIMLA
.
Cr.MMO No.194 of 2019
Date of decision : 26.04.2019
Om Parkash Rana and others ... Petitioners
Versus
State of Himachal Pradesh and another ...Respondents
Coram:
The Hon'ble Mr. Justice Ajay Mohan Goel, Judge.
Whether approved for reporting?1 No.
For the Petitioners
r : Mr. Y.P. Sood, Advocate.
For the Respondents : Mr. Dinesh Thakur and Mr. Sanjeev Sood,
Additional Advocate Generals and Mr. R.P.
Singh, Deputy Advocate General for
Respondent No.1/State.
Mr. Varun Chauhan, Advocate, for
Respondent No.2.
Justice Ajay Mohan Goel, J. (Oral)
By way of this petition filed under Section 482 of the Code of Criminal Procedure, petitioners have prayed for quashing of FIR No.82 of 2013 dated 13.9.2018, registered at Police Station, East Shimla, District Shimla, H.P., under Sections 353, 332 and 34 of the Indian Penal Code, as also 1 Whether reporters of Local Papers may be allowed to see the judgment?
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consequential criminal proceedings which are pending .
against them in the Court of learned Judicial Magistrate 1 st Class (III), Shimla vide Cr. Case No.237-2 of 2013, titled as State of H.P. vs. Om Parkash & others, as a result of lodging of the said FIR. The submission of the petitioners is that the matter which led to lodging of present FIR stands amicably settled by them with the complainant. A compromise to this effect stands entered into between the parties which stands appended with the petition as Annexure P-3.
2. I have heard learned counsel for the parties and have also gone through the record of the case including the compromise appended with the petition (Annexure P-3).
3. Respondent No.2/complainant Gopal Chand is present in the Court in person along with his counsel. He has been duly identified by his counsel. His statement has been separately recorded in the Court, wherein he has admitted the execution as also the contents of compromise deed dated 25th March, 2019 (Annexure P-3) and has further submitted that he has no objection in case FIR lodged at his behest and consequential criminal proceedings pending ::: Downloaded on - 29/04/2019 21:58:37 :::HCHP ...3...
before the learned trial Court, are quashed and set aside. He .
has further deposed that the compromise was entered into by him with the accused out of his free will and volition and the statement made in the Court today has also been made by him out of his free will and volition and not under any coercion or threat.
4. Learned Additional Advocate General fairly submits that in the peculiar facts and circumstances of this case, the State is not opposing the request made in the petition taking into consideration the fact that the complainant is no more interested in pursuing the FIR in view of the compromise having been entered into by him with the petitioners and as otherwise also the chances of conviction in the present case are less in view of said development. Be that as it may, taking into consideration the nature of dispute which led to the registration of the FIR and the fact that the parties have now decided to settle the said issue and live in harmony with each other, in my considered view, this is a fit case wherein this Court in exercise of its inherent powers under Sections 482 of the Code of Criminal Procedure can set aside FIR No.82 ::: Downloaded on - 29/04/2019 21:58:37 :::HCHP ...4...
of 2013 dated 13.9.2018, registered at Police Station, East .
Shimla, District Shimla, H.P., under Sections 353, 332 and 34 of the Indian Penal Code, as also consequential criminal proceedings which are pending against them in the Court of learned Judicial Magistrate 1st Class (III), Shimla vide Cr. Case No.237-2 of 2013, titled as State of H.P. vs. Om Parkash & others", as a result of lodging of the said FIR, as the same shall be in the interest of justice. Ordered accordingly.
Petition stands disposed of, so also, pending application(s), if any.
(Ajay Mohan Goel),
April 26, 2019 (KS) Judge.
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