BALRAM JAISWAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant petition filed under Section 482 of the Code of Criminal Procedure, prayer has been made on behalf of the petitioner for quashing of FIR No.0090 of 2018, dated 18.5.2018 under Sections 354-D, 506 and 509 of Indian Penal Code ( for short 'IPC'), registered at Police Station, Sadar, District Shimla, H.P., as well as consequent proceedings pending adjudication in the Court of learned Judicial Magistrate, 1st Class, Court No.5, Shimla, District Shimla, H.P., on the basis of the compromise deed (Annexure P-3) arrived inter se parties.

(2.) Ms. Anita Jalota, Advocate has filed Power of Attorney on behalf of respondent No.2, at whose instance FIR sought to be quashed, came to be lodged. Respondent No.2, Smt. Urmila Gautam has also come present in Court.

(3.) Averments contained in the petition, which is duly supported by an affidavit, reveals that FIR, as detailed hereinabove, came to be lodged at the behest of respondent No.2 (hereinafter referred to as the complainant) on 18.5.2018, who alleged that the petitioner, who is resident of Uttar Pradesh keeps on making frequent calls on her mobile phone and threats her to do away with her life. On the basis of aforesaid complaint, FIR detailed hereinabove, came to be lodged against the petitioner under Sections 354-D, 506 and 509 of IPC. After completion of the investigation, police presented the challan in the competent Court of law, which is still pending adjudication.