SHIV KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant petition, under Section 482 of the Code of Criminal Procedure (herein after referred to as 'Cr.PC') has been filed by petitioner- accused, on the basis of compromise (Annexure A-1) arrived at between petitioner-accused and complainant-respondent No. 2, for quashing FIR No. 44 of 2017, dated 26.2.2017, under Sections 353, 354, 506 and 509 of the Indian Penal Code (herein after referred to as 'IPC'), registered at Police Station, Una, H.P.

(2.) Respondent No. 2-complainant, Ms.Sonia Rana is present in the Court and her statement has been recorded on oath, wherein she deposed that she is Pradhan of Gram Panchyat Behdalla and the incident reported by her in present FIR had happened when she was on spot visit being Panchayat Pradhan in connection with some complaint lodged with the Panchyat and that after the incident, petitioner has approached her with repentance for his act and conduct and thereupon with the intervention of elders, particularly keeping in view the age and career of the petitioner, she Whether the reporters of the local papers may be allowed to see the Judgment? Yes has decided to forgive him and therefore, she has compromised the matter with him and now the relations between her and petitioner are also harmonious and cordial and therefore, she does not intend to continue with the criminal proceedings against the petitioner and wants to withdraw the complaint lodged by her, in terms of compromise. She has endorsed her signature on compromise Annexure A-1 and stated that she is deposing in the Court and has also signed the compromise out of her free will, consent and also without any coercion, pressure or threat etc.

(3.) Statement of petitioner/accused has also been recorded on oath, wherein he has endorsed the statement of complainant and has undertaken not to repeat such untoward incident in future. He has also stated that he has deposed in the Court and signed the compromise deed out of his free will, consent and without any coercion, pressure or threat.