Tilak Raj vs State Of Hp on 24 March, 2022

[Cites 6, Cited by 0]

Himachal Pradesh High Court

Tilak Raj vs State Of Hp on 24 March, 2022

Bench: Ajay Mohan Goel

     IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                   ON THE 24TH DAY OF MARCH 2022




                                                           .
                              BEFORE





                HON'BLE MR. JUSTICE AJAY MOHAN GOEL

     CRIMINAL MISC. PETITION (MAIN) U/S 482 CRPC No. 78 OF 2022





    Between:-

    1. TILAK RAJ, S/O SH. SANT RAM,





       AGED      ABOUT     47   YEARS,
       PRESENTLY PRIVATE WORK AS
       MISTRY, R/O V&PO NANGAL
       KHURD, TEHSIL HAROLI, DISTT.
       UNA, H.P.

    2. RAJ RANI, W/O SH. TILAK RAJ,

       AGED      ABOUT     46   YEARS,
       PRESENTLY      HOUSEWIFE    R/O
       V&PO NANGAL KHURD, TEHSIL
       HAROLI, DISTT. UNA, H.P.


    3. CHETAN RANA, S/O SH.TILAK RAJ,
       AGED      ABOUT     17   YEARS,
       PRESENTLY STUDENT, R/O V&PO
       NANGAL KHURD, TEHSIL HAROLI,




       DISTT. UNA, H.P.
                                                  ..........PETITIONERS





    (BY MR. R.L. VERMA, ADVOCATE)





    AND

    1. STATE    OF      HP,   THROUGH
       SECRETARY                (HOME),
       GOVERNMENT OF HP SHIMLA, HP
    2. DIRECTOR GENERAL OF POLICE,
       HP, SHIMLA, HP.
    3. SHO, POLICE STATION, HAROLI,
       DISTRICT UNA, HP.
    4. SH. ASHVINDER SINGH, S/O SH.
       RATTAN     SINGH,    R/O   V&PO
       NANGAL KHURD, TEHSIL HAROLI,
       DISTT. UNA, H.P.




                                          ::: Downloaded on - 24/03/2022 20:12:06 :::CIS
                                        2



    5. SMT. RAJNI, W/O SH. JITENDER
       KUMAR, R/O R/O V&PO NANGAL
       KHURD, TEHSIL HAROLI, DISTT.
       UNA, H.P.




                                                              .
    6. SMT. CHANCHAL RANI, W/O SH.





       RATTAN SINGH, R/O R/O V&PO
       NANGAL KHURD, TEHSIL HAROLI,
       DISTT. UNA, H.P.
                                                     ........RESPONDENTS





    (M/S SUMESH RAJ, DINESH THAKUR AND
    SANJEEV SOOD, ADDITIONAL ADVOCATE
    GENERALS WITH MR. MANOJ BAGGA,





    ASSISTANT ADVOCATE GENERAL, FOR R-1
    TO R-3;
    MR. VIVEK SINGH ATTRI AND ABHINAV
    PUROHIT, ADVOCATE FOR R-4 TO R-6)
    ___________________________________________________________


                 Whether approved for reporting:     nO

                 This petition coming on for orders this day, the Court


    passed the following:-

                                  ORDER

By way of this petition filed under Section 482 of the Code of Criminal Procedure, the petitioners have prayed for quashing of FIR No. 206/2020, dated 16.08.2020, registered under Sections 323 and 324 read with Section 34 of the Indian Penal Code, at Police Station Haroli, District Una, H.P. as well as ensuing criminal proceedings pending before the court concerned.

2. I have heard learned Counsel for the petitioners as well as learned Counsel for respondents No. 4 to 6 and learned Additional Advocate General.

::: Downloaded on - 24/03/2022 20:12:06 :::CIS 3

3. Respondents No. 4 to 6 are present in person in the Court. Mr. Vivek Singh Attri, learned Counsel representing the .

complainant Sh. Ashvinder Singh, victims Smt. Rajni and Smt. Chanchal Rani, states that the matter has been duly compromised between the parties and complainant as well as victims have no objection in case this petition is allowed.

4. Statement of respondent No. 4, namely, Sh.

Ashvinder Singh, who has been duly identified by his Counsel Mr. Abhinav Purohit, Advocate, has been independently recorded in the Court, wherein he has stated that they have entered into a compromise with the petitioners/accused as the issue which led to registration of FIR in question has been amicably settled between them taking into consideration their close relationship with the accused and they want to live in peace and harmony.

He further stated that they are not interested in pursuing further the FIR No. 206/2020, dated 16.08.2020, registered under Sections 323 and 324 read with Section 34 of the Indian Penal Code, at Police Station Haroli, District Una, H.P. as well as ensuing criminal proceedings pending before Court concerned. A copy of the compromise so arrived at between the parties is appended with the petition as Annexure P/3 and execution of the same as also the contents thereof have also been acknowledged by respondent No. 4. He has also ::: Downloaded on - 24/03/2022 20:12:06 :::CIS 4 acknowledged his signatures on Compromise Deed Annexure P/3.

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. 206/2020, dated 16.08.2020, registered under Sections 323 and 324 read with Section 34 of the Indian Penal Code, at Police Station Haroli, District Una, H.P. as well as ensuing criminal proceedings pending before ACJM, Una and Principal Juvenile Justice Board, Una, are ordered to be quashed and set aside, taking into consideration the compromise entered between the parties and statement to this effect, made by respondent No. 4, namely, Sh. Ashvinder Singh, 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 March 24, 2022 (narender) ::: Downloaded on - 24/03/2022 20:12:06 :::CIS

Unlock Advanced Research with PRISMAI

Himachal Pradesh High Court