Himachal Pradesh High Court
Sher Singh And Another vs State Of Himachal Pradesh And Others on 22 November, 2022
Author: Ajay Mohan Goel
Bench: Ajay Mohan Goel
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CRMMO No.: 1005 of 2022
.
Decided on: 21.11.2022.
Sher Singh and another ....Petitioners.
Versus
State of Himachal Pradesh and others ...Respondents.
Coram
The Hon'ble Mr. Justice Ajay Mohan Goel, Judge.
Whether approved for reporting?1
For the petitioners : Mr. Pawanish Kr. Shukla,
r Advocate.
For the respondent(s) : Mr. Sumesh Raj, Dinesh Thakur
and Sanjeev Sood, Additional
Advocate Generals with Mr Amit
Kumar Dhuman, Deputy
Advocate General for
respondents No. 1 to 3.
Mr. Abhay Kaushal, 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, the petitioner has prayed for quashing of FIR No. 335 of 2019, dated 16.11.2019, registered under Sections 353, read with Section 34 of the Indian Penal Code, at Police Station Poanta Sahib, District Sirmaur, H.P. as well as ensuing criminal proceedings 1 Whether reporters of the local papers may be allowed to see the judgment?
::: Downloaded on - 22/11/2022 20:33:34 :::CIS 2pending in the Court of learned Additional Chief Judicial Magistrate, Court No. 1, Poanta Sahib, District Sirmaur, H.P. .
2. I have heard learned Counsel for the petitioner as well as learned Counsel for respondent No. 4 and learned Additional Advocate General.
3. Respondent No. 4, namely, Sh. Jatin Mehta, who is present in person in the Court, has been duly identified by his Counsel Mr. Abhay Kaushal, Advocate. His statement has also been independently recorded in the Court, wherein he stated that he has entered into a compromise with the petitioner/accused as the issue which led to registration of FIR in question has been amicably settled between them, taking into consideration the tender age of the accused/ petitioners and he is not interested in pursuing further the FIR No. 335 of 2019, dated 16.11.2019, registered under Sections 353, read with Section 34 of the Indian Penal Code, at Police Station Poanta Sahib, District Sirmaur, H.P. as well as ensuing criminal proceedings pending in the Court of learned Additional Chief Judicial Magistrate, Court No. 1, Poanta Sahib, District Sirmaur, H.P. Compromise so arrived at between the parties is appended with the petition as Annexure P-2 and execution of the same as also the contents ::: Downloaded on - 22/11/2022 20:33:34 :::CIS 3 thereof have also been acknowledged by respondent No. 4. He also acknowledged his signatures on Compromise Deed .
Annexure P-2.
4. 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.
5. to Accordingly, in view of above, this petition is allowed and FIR No. 335 of 2019, dated 16.11.2019, registered under Sections 353, read with Section 34 of the Indian Penal Code, at Police Station Poanta Sahib, District Sirmaur, H.P. as well as ensuing criminal proceedings pending in the Court of learned Additional Chief Judicial Magistrate, Court No. 1, Poanta Sahib, District Sirmaur, H.P. are ordered to be quashed and set aside, taking into consideration the compromise entered between the complainant i.e. respondent No. 4 and the accused i.e. the petitioners herein and statement to this effect, made by the complainant in this Court, which shall form part of the judgment.
::: Downloaded on - 22/11/2022 20:33:34 :::CIS 4Petition is accordingly disposed of in above terms, so also pending miscellaneous application(s), if any.
.
(Ajay Mohan Goel)
Judge
November 21, 2022
(narender)
r to
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