LAWS(HPH)-2019-3-126

RAVI KUMAR Vs. STATE OF HIMACHAL PRADESH

Decided On March 18, 2019
RAVI KUMAR Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) This petition under Sec. 482 of the Code of Criminal Procedure (for short 'Code') has been preferred by the petitioner for quashing of FIR No.7/2016, dtd. 13/1/2016, registered at Police Chowki, Bakloh, Police Station, Chowari, District Chamba, under Ss. 279 and 337 of IPC as well as consequential proceedings pending before learned Judicial Magistrate Ist Class, Dalhousie, District Chamba, H.P.

(2.) Today, the petitioner and respondent No.2 are present in person in the Court and identified as such by their respective counsel(s). It is stated by learned counsel for the parties that they have amicably settled the matter and the complainant/respondent No.2 now does not want to proceed with the case against the petitioner.

(3.) Though the State has expressed its slight reservation regarding compounding of the offence but I find that this is not such wherein the offence for which the petitioner has been charged can be stricto sensu held to be the offence against the State. Even otherwise, once respondent No.2 has compromised the matter, the possibility of conviction is remote and bleak and the continuation of the criminal case against the petitioner would put the petitioner to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case.