LAWS(HPH)-2017-10-119

RAJINDER KUMAR Vs. STATE OF HIMACHAL PRADESH

Decided On October 26, 2017
RAJINDER KUMAR Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) By way of this petition, the petitioners have prayed for quashing of FIR No. 41/2015, dated 20.04.2015, registered at Police Station Gagret, District Una, under Sections 498-A, 406, 506 read with Section 34 of the Indian Penal Code as well as subsequent criminal proceedings, which are pending pursuant to the lodging of the said FIR in the Court of learned Judicial Magistrate 1st Class, Amb, Court No. II, District Una, H.P., as the issue which had culminated into the lodging of the said FIR stands amicably settled between the parties and the complainant is no more interested in either pursuing the FIR or the Criminal Case which is pending before the Court of learned Judicial Magistrate 1st Class, Amb, Court No. II, District Una. Alongwith the petition, a copy of the Razinama is also appended. Complainant Minakshi is petitioner No. 4 in the present petition. Her statement has been separately recorded in the Court, wherein she has deposed that she is no more interested in pursuing FIR No. 41/2015, dated 20.04.2015 and she has no objection in case the said FIR and the Criminal proceedings, which are pending in the Court of learned Judicial Magistrate 1st Class, Amb, Court No. II, District Una are ordered to be quashed and set aside.

(2.) She has acknowledged the execution of Razinama appended with the petition as Annexure P-3 and has further submitted that the said Razinama bears her signatures and the same was entered into by her with the accused on account of her free will and volition and not under any coercion or duress.

(3.) Learned Deputy Advocate General submits that in view of the fact that the matter stands amicably settled between the parties and the complainant is no more interested in pursuing the FIR which is lodged at her behest, the State has no objection in case this petition is allowed and FIR No. 41/2015, dated 20.04.2015 as well as criminal proceedings which are pending in the Court of learned Judicial Magistrate 1st Class, Amb, Court No. II, District Una are ordered to be quashed and set aside.