LAWS(HPH)-2022-9-79

AMEEN Vs. STATE OF HIMACHAL PRADESH

Decided On September 08, 2022
AMEEN Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) The present petition is maintained by the petitioner under Sec. 482 of the Code of Criminal Procedure (hereinafter to be called as "the Code") for quashing of F.I.R No.36 of 2019 dtd. 3/5/2019, under Ss. 452, 354 and 354-A of the Indian Penal Code, registered at Police Station New Shimla, District Shimla, H.P. alongwith all consequential proceedings arising out of the said F.I.R., pending before the learned trial Court.

(2.) Briefly stated the facts, giving rise to the present petition, as per the prosecution story, are that respondent No.2/complainant made a complaint before the police alleging therein that on 3/5/2019 around 8:40 a.m, she was alone in her house, petitioner entered all of sudden through bathroom window with intention to outrage her modesty. On the basis of statement of the complainant, FIR in question was registered. Now, the parties have entered into a compromise, vide Compromise deed (Annexure P-2) stating therein that the complainant does not want to pursue the case against the petitioner. Hence, the present petition.

(3.) Learned counsel for the petitioner has argued that as the parties have compromised the matter, no purpose will be served by keeping the proceedings against the petitioner and the FIR/Challan, may be quashed and set aside.