AANCHAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of present petition filed under S.482 CrPC, prayer has been made on behalf of the petitioner for quashing and setting aside FIR No. 245, dated 27.12.2019 under S.509 IPC and S. 66(D) of IT Act registered at Police Station, Dhalli, Shimla, Himachal Pradesh against the petitioner, on the basis of compromise, Annexure P-2.

(2.) Averments contained in the petition, reveal that the FIR sought to be quashed in the instant proceedings, came to be lodged at the behest of respondent No.3, Manisha Thakur, who alleged that the petitioner herein got a fake account opened in her name on a website namely "Number OK-Cupid", as such, made an attempt to falsely use her identity. Averments contained in the petition further reveal that before investigation in the case could be taken to logical end, petitioner and respondent No.3 entered into a compromise (Annexure P-2) whereby both the parties resolved their dispute amicably inter se them. Careful perusal of averments contained in the petition reveal that the petitioner and respondent No. 3 were good friends but on account of certain miscommunication, FIR sought to be quashed in the instant proceedings, came to be lodged against the petitioner at the behest of respondent No.3. Now since both the parties, with the intervention of the respectable persons of the area have decided to resolved to settle their dispute amicably inter se them vide annexure P-2, petitioner has approached this Court in the instant proceedings for quashing of FIR as well as consequent proceedings, if any, pending in competent Court of law.

(3.) Respondent No.3, Manisha Thakur, who is present in court and duly represented by her counsel, Mr. Bhim Singh, Advocate, stated on oath that she of her own volition and without there being any external pressure has entered into compromise with respondent No.3 and she has no objection in case FIR in question alongwith consequential proceedings, if any, pending in the competent Court of law, are quashed and set aside and petitioner is acquitted of the charges framed against her in the aforesaid FIR. She has identified her signatures on the compromise. Her statement is taken on record.