GAURAV SHARMA Vs. STATE OF H.P.

JUDGEMENT

(1.) By way of instant petition filed under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita,2023, prayer has been made on behalf of the petitioner for quashing of FIR No.122 of 2020, dtd. 31/12/2020, under Ss. 452, 353, 332, 504, 506 of IPC and Sec. 3 PDP Act, registered at police Station, East Shimla, District Shimla, Himachal Pradesh as well as consequent proceedings pending adjudication in the competent Court of law.

(2.) Precisely, the facts of the case, as emerge from the record are that FIR, sought to be quashed in the instant proceedings, came to be lodged at the behest of respondent No.3, Sh. Manoj Kumar (hereinafter referred to as the complainant), who alleged that on 31/12/2020, at about 11.15 Am, while he was present in his office and discharging his duties in the capacity of Additional Director, Department of Tourism, Smt. Priyanka, who was working as Safeguard Specialist in the IDITP Project at U.S, Club, Shimla, came of in his room alongwith her husband, namely Gaurav Sharma i.e. petitioner herein. Complainant further alleged that above named Gaurav Sharma pulled him from his collar and extended threats. He alleged that above named person not only levelled baseless allegations of corruption against him, but also gave him beatings and as such, appropriate action, in accordance with law be taken against him. In the aforesaid background, FIR, sought to be quashed, came to be lodged against the petitioner. After completion of the investigation, police has already presented the challan in the competent court of law. In the aforesaid background, prayer has been made on behalf of the petitioner for quashing of the FIR as well as consequent proceedings.

(3.) Before the case at hand could be heard and decided on its own merit, this Court, having regard to the nature of the dispute, deemed it appropriate to summon both the parties to the Court to explore the possibility of amicable settlement interse them.