GOPAL KRISHAN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present petition is maintained by the petitioners under Sec. 482 of the Code of Criminal Procedure (hereinafter to be called as "the Code") for quashing of F.I.R No.83 of 2016 dtd. 14/7/2016, under Sec. 411 read with sec. 201 of the Indian Penal Code, registered at Police Station New Shimla, H.P. alongwith all consequent proceedings arising out of the said F.I.R., pending before the learned trial Court.

(2.) Briefly stating the facts, giving rise to the present petition, as per the prosecution story, are that on 14/7/2016, respondent No.2 made a complaint, when he and his wife returned home from the duty at about 6:30 p.m, he found the door of his house was broken from the bottom and when they entered into the room, they found that lock of the almirah was broken and everything was scattered. On checking, it was found that some golden ornaments were missing. Pursuant thereto, respondent No.2, came to the Police Station for lodging FIR against the petitioners. Now, the parties have entered into a compromise, vide Compromise Deed (Annexure P-4) dtd. 20/12/2021, stating therein that he does not want to pursue the case against petitioners. Hence, the present petition.

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