Himachal Pradesh High Court
Colonel Sukhjeet Sandhu And Others vs State Of H.P. And Others on 3 April, 2019
Author: Ajay Mohan Goel
Bench: Ajay Mohan Goel
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CRMMO No. 135 of 2019
.
Decided on: 03.04.2019.
Colonel Sukhjeet Sandhu and others ....Petitioners.
Versus
State of H.P. and others ...Respondents.
Coram
The Hon'ble Mr. Justice Ajay Mohan Goel, Judge.
Whether approved for reporting?1 No
For the petitioners : Mr. Vijay Chaudhary, Advocate.
For the respondents : M/s Sanjeev Sood and Dinesh
Thakur, Addl. AGs with M/s R.P.
Singh and Amit Kumar Dhumal,
Dy. AG for respondents No. 1 to
3.
: Mr. Veerendra Mohan, Advocate
for respondent No. 4.
Ajay Mohan Goel, Judge (Oral)
By way of this petition filed under Section 482 of the Code of Criminal Procedure, prayer has been made for quashing of FIR No. 118 of 2018, dated 15.12.2018, registered at Police Station Dalhousie, District Chamba, HP, under Sections 498-A and 506 read with Section 34 of the Indian Penal Code on the ground that the dispute which led ::: Downloaded on - 04/04/2019 21:59:00 :::HCHP to the registration of the FIR stands amicably settled/resolved between the complainant and the accused.
.
2. Complainant (respondent No. 4) is present in person in the Court. She has been duly identified by her Counsel. Her statement has been recorded in the Court wherein she has stated that the dispute which led to the registration of the FIR stands settled between her and the accused and she has no objection in case this petition is allowed and FIR in question is quashed and set aside. She has acknowledged the execution of the Compromise Deed as also contents thereof. She has also stated in the Court that she has entered into the compromise with the accused out of her own will and volition and not under any coercion or duress.
3. Learned Additional Advocate General submits that taking into consideration the peculiar facts of the case wherein parties have amicably settled the dispute between them, the State has no objection in case this petition is allowed.
4. Accordingly, taking into consideration the averments made in the petition as also the statement of the complainant, this petition is allowed as prayed for. FIR No. ::: Downloaded on - 04/04/2019 21:59:00 :::HCHP 118 of 2018, dated 15.12.2018, registered at Police Station Dalhousie, District Chamba, HP, under Sections 498-A and .
506 read with Section 34 of the Indian Penal Code is quashed and set aside in view of the compromise having been entered between the complainant i.e. respondent No. 4 and the accused i.e. the present petitioners and the statement to this effect made by complainant (respondent No. 4) 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 April 03, 2019 (narender) ::: Downloaded on - 04/04/2019 21:59:00 :::HCHP