AASHISH KUMAR Vs. STATE OF H. P.

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. 171 of 2016, dtd. 6/10/2016, registered at Police Station, Theog, District Shimla, H.P. under Sec. 406 of the IPC and other proceedings pending before the learned Judicial Magistrate Ist Class, Theog Whether the reporters of the local papers may be allowed to see the Judgment?Yes

(2.) Today, petitioner (accused) and respondent No. 2 are present in person in the Court and identified as such by their counsel(s). It is stated by learned counsel for the petitioner that the petitioner and respondent No. 2 have amicably settled the matter as per 'No Objection Certificate' placed on the file as Annexure P-3.

(3.) The moot question is whether the Court in such like cases can quash the FIR. In Narinder Singh and Ors. v. State of Punjab and Anr. JT 2014 (4) SC 573 the Hon'ble Supreme Court after summing up the legal position has laid down the following guidelines for the High Court in giving adequate treatment to the settlement between the parties and exercising its powers under Sec. 482 of the Code while accepting the settlement and quashing the proceedings or refusing to accept the settlement with direction to continue with the criminal proceedings, which reads thus:-