LAWS(HPH)-2024-4-17

SHUBHAM Vs. STATE OF HIMACHAL PRADESH

Decided On April 08, 2024
Shubham Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) By way of instant petition filed under Sec. 482 of the Code of Criminal Procedure read with Sec. 320 of the Code of Criminal Procedure, 1973, a prayer has been made on behalf of the petitioner for quashing of FIR No. 38 of 2022 dtd. 25/11/2022, under Ss. 504, 506 and 509 of the Indian Penal Code and Sec. 67 of IT(Amendment) Act 2008 registered at Women Police Station Hamirpur, District Hamirpur, H.P, as well as consequent proceedings pending before the learned Additional Chief Judicial Magistrate, Hamirpur, HP.

(2.) The averments contained in the petition, which is duly supported by an affidavit reveals that on 25/11/2022 complainant/respondent No.3 had got a FIR registered against the present petitioner under Ss. 504, 506 and 509 of the Indian Penal Code and Sec. 67 of the IT (Amendment) Act 2008. As a sequel thereto, challan has been presented before the learned Additional Chief Judicial Magistrate Hamirpur, District Hamirpur, H.P. However, during the pendency of proceedings the dispute inter se the parties has been settled amicably vide Compromise Deed dtd. 5/12/2023, copy whereof is appended along with the present petition as Annexure P-2.

(3.) Today, complainant/respondent No.3 is present in the Court. Other than the complainant/respondent No.3, petitioner is also present in the Court. Statement of complainant/respondent No.3 stands recorded. She has categorically stated that she has entered into compromise of her own free will, volition and without any pressure. According to the complainant/respondent No.3, the dispute inter se the parties stands amicably settled between the parties.