MOHAN LAL SHARMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant petition filed under S.482 CrPC, prayer has been made on behalf of the petitioner for quashing of FIR No. 219, dtd. 2/12/2021 under Ss. 376, 417 and 201 IPC registered at Police Station Dhalli, District Shimla, Himachal Pradesh alongwith consequential proceedings, if any, pending in the competent Court of law, on the basis of compromise arrived inter se parties.

(2.) Precisely, the facts of the case, as emerge from the record, are that the FIR sought to be quashed in the instant proceedings came to be lodged at the behest of respondent No.2/complainant, Sushma Suman, who alleged that she had come in the contact of the petitioner, who is a practicing advocate, on 1/1/2021 and since then, they have been meeting each other. She alleged that since she as well as the petitioner had agreed for marriage, petitioner repeatedly sexually assaulted her on the pretext of marriage but thereafter refused to marry her, as such, appropriate action in accordance with be taken against him. In the aforesaid background, FIR sought to be quashed in the instant proceedings came to be lodged against the petitioner. Though after completion of investigation police presented challan in the competent court of law, but before the same could taken to be taken to its logical end, parties have entered into compromise, whereby they have resolved to settle the dispute inter se them amicably.

(3.) Prior to the filing of the petition at hand, petitioner had filed similar petition under S.482 CrPC, i.e. CrMMO No. 609 of 2022, praying therein to quash and set aside the FIR sought to be quashed in the instant proceedings, on the ground that it is frivolous and has been lodged with a view to wreak vengeance and harass the petitioner. Though, pursuant to notices issued in those proceedings, respondent-State had filed its reply opposing therein prayer made on behalf of the petitioner, but before the same could be decided, parties entered into compromise and as such, aforesaid petition was withdrawn today itself with the liberty to file fresh petition, petitioner has filed instant petition, praying therein to quash the FIR on the basis of compromise.