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Himachal Pradesh High Court

Brijesh Negi vs State Of Himachal Pradesh And Others on 28 May, 2019

Author: Sandeep Sharma

Bench: Sandeep Sharma

        IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                                          CrMMO No. 282 of 2019
                                        Decided on: May 28, 2019




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    Brijesh Negi                                         ..Petitioner
                                                 Versus
    State of Himachal Pradesh and others        ..........Respondents





    _______________________________________________________________
    Coram:
    Hon'ble Mr. Justice Sandeep Sharma, Judge.
    Whether approved for reporting? 1 No.
    _______________________________________________________________





    For the petitioner      :    Ms. Shalini Thakur, Advocate.

    For the respondents                    :      Ms. Ritta Goswami and Mr.
                                                  Ashwani     Sharma     Additional
                        r                         Advocates General with Mr. Manoj
                                                  Bagga,     Assistant    Advocate

                                                  General.
    _______________________________________________________________
    Sandeep Sharma, Judge:

By way of instant petition filed under S.482 CrPC, prayer has been made on behalf of the petitioner for quashing of FIR No. 169, dated 23.8.1997, under S.160 IPC registered at Police Station, Sadar, Nahan, District Sirmaur, Himachal Pradesh.

2. Having carefully perused the averments contained in the petition as well as documents annexed therewith, Mr. Ashwani Sharma learned Additional Advocate General, fairly states that he does not intend to file reply to the petition and has no objection in case, the same is decided on the basis of material already available on record.

Whether the reporters of the local papers may be allowed to see the judgment?

3. For having a bird's eye view, necessary facts as emerge from the record are that on 23.8.1997, FIR bearing No. 169 .

came to be lodged at Police Station, Nahan, against the petitioner under S.160 IPC, as is evident from Annexure P-1.

Since the offence alleged to have been committed by the petitioner was exclusively triable by the Gram Panchayat, in terms of S.32 of the Himachal Pradesh Panchayati Raj Act, 1994, Police, after completion of investigation, presented the Challan/report before the Gram Panchayat, Kala Amb vide RC No. 196/97 dated 4.11.1997. Record further reveals that on 22.10.1997, complainant as well as the petitioner herein, who was named in the FIR, entered into compromise before the Gram Panchayat, Kala Amb, and accordingly, the matter came to be disposed of as compromised, which fact is evident from the report dated 5.12.2018, submitted by MHC Police Station, Nahan (Annexure P-2). In the aforesaid communication MHC Police Station, Nahan has categorically reported that Case FIR No. 169 dated 23.8.1997 under S.160 IPC stands compromised. However, it appears that the factum with regard to compromise entered inter se complainant and the petitioner herein never came to be entered in the records of the Police, as a consequence of which, Police Authorities, while sending verification report pursuant to the query received from the office ::: Downloaded on - 28/05/2019 21:58:56 :::HCHP 3 of Regional Passport Office, gave adverse comments. Petitioner herein applied for issuance of Passport but the Regional .

Passport Officer, Chandigarh vide communication dated 17.10.2018 (Annexure P-3), informed the petitioner that an adverse police verification report has been received from the Police Station Sadar, Nahan, as such, he may render suitable explanation within 30 days. After having receiving the aforesaid communication, the petitioner sent a communication dated 2.3.2019 to the Superintendent of Police, Sirmaur at Nahan (Annexure P-4) apprising him that the matter stands compromised between him and the complainant before the Gram Panchayat, Kala Amb, Tehsil Nahan, and as such, fresh verification report may be sent. Police Authorities in response to aforesaid communication, informed the petitioner vide communication dated 30.3.2019 (Annexure P-5) that there is no provision/arrangement, if any, to delete the factum with regard to lodging of FIR from the computers. Since the Police Authorities failed to accede to the aforesaid request of the petitioner, he was compelled to approach this Court in the instant proceedings.

4. Careful perusal of communication dated 25.3.2019 (Annexure P-5) sent by Station House Officer In-Charge of the Police Station, Nahan, reveals that though there is no provision ::: Downloaded on - 28/05/2019 21:58:56 :::HCHP 4 to delete the factum with regard to lodging of FIR from computers once it is recorded, but having received .

communication with regard to compromise arrived inter se parties, Police Authorities are in the process of entering the factum with regard to compromise inter se parties in FIR No.

169. It is duly established on record that the petitioner as well as complainant had compromised the matter before the Gram Panchayat on 22.10.1997, as such, there appears to be no impediment, if any, in accepting the prayer made in the instant petition for quashing of FIR, which otherwise stands compromised inter se parties, as has been taken note herein above. Police Authorities are in the know of the fact that FIR No. 169 has culminated into compromise inter se parties before Gram Panchayat, Kala Amb, as such, grave injustice would be caused to the petitioner if adverse police verification report as issued by Police Station Sadar, Nahan, dated 24.9.2018 is allowed to stand in the records, especially when there is no challenge, if any, to compromise dated 22.10.1997, admittedly entered inter se petitioner and the complainant.

5. Leaving everything aside, Police Authorities in communication dated 25.3.2019, (Annexure P-5), have categorically stated that the Police is in the process of recording factum with regard to compromise arrived inter se parties.

6. Consequently, in view of the discussion made herein above, present petition is allowed. FIR No. 169 dated 23.8.1997 .

under S.160 IPC registered at Police Station, Nahan, District Sirmaur, Himachal Pradesh is quashed and set aside.

Superintendent of Police, Sirmaur at Nahan is directed to issue a revised/fresh Police Verification Report within a period of two weeks from today enabling the Regional Passport Officer to take appropriate action for issuance of Passport, in accordance with law. r All pending applications are also disposed of.

(Sandeep Sharma) Judge May 28, 2019 (vikrant) ::: Downloaded on - 28/05/2019 21:58:56 :::HCHP