DINESH KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) Petitioners, present in the Court today, have prayed for quashing of FIR No. 85 of 2019, dtd. 25/8/2019, registered at Police Station Chopal, District Shimla H.P., under Ss. 457, 380 and 34 of the Indian Penal Code alongwith consequent criminal proceedings arising therefrom, on the basis of compromise, Annexure P-2.

(2.) It is submitted in the petition that the petitioners and respondent No. 2 hail from the same area and were known to each there. After registration of the FIR against petitioners, the matter has been settled between petitioners and respondent No. 2 with the intervention of respectable people of the area and the family members of both the sides. The settlement has been drawn, vide Annexure P- 2 with a purpose to put an end to the dispute and to live in peace.

(3.) Respondent No. 2/complainant is present in the Court today and is duly identified by Mr. Vishal Verma, Advocate. Her statement has been recorded on oath. Respondent No. 2 has stated that she was running a shop at Village Khagna, Tehsil Chopal, District Shimla, H.P. On the intervening night of 24/25/8/2019, a theft had taken place in her shop. Certain articles were found missing which included packets of biscuits, ladies suits, packets of bidis, toffees and coins worth Rs.200.00 approximately. She suspected the petitioners as perpetrator of the offence. Accordingly, the matter was reported to the police. Later, the petitioners came forward and compensated her for the loss. Petitioners also belong to the same area and thus respectable persons of the area intervened and matter was settled. According to respondent No. 2, she entered into a compromise voluntarily and now in view of the compromise, she does not want to prosecute the petitioners.