LAWS(HPH)-2019-1-12

SEHDEV KUMAR Vs. STATE OF HIMACHAL PRADESH& ANOTHER

Decided On January 10, 2019
Sehdev Kumar Appellant
V/S
State Of Himachal PradeshAnd Another Respondents

JUDGEMENT

(1.) By way of instant petition filed under Sec. 482 of the Code of Criminal Procedure, prayer has been made on behalf of the petitioner for quashing of FIR No.124 of 2015, dated 15.10.2015, under Sec. 354 of Indian Penal Code ( for short 'IPC'), registered at Police Station, Gagret, District Una, H.P.,and consequential proceedings in Criminal Case No.57 of 2016, pending adjudication before the learned Judicial Magistrate, 1st Class, Court No.2, Amb, District Una, H.P.

(2.) Mr. Dheeraj K. Vashisht, learned counsel representing the petitioner-accused, while inviting attention of this Court to compromise (Annexure P-3 ),contended that both the parties have compromised the matter between themselves and as such, they want to live peacefully in future and maintain cordial relation with each other. Mr. Vashisht, further contended that since parties have arrived into an amicable settlement, without there being any pressure or influence on the complainant, the instant matter may be ordered to be compounded.

(3.) This Court with a view to ascertain the correctness and genuineness of the submissions having been made by the learned counsel for petitioner-accused as well as compromise placed on record also recorded statement of complainant Smt. Saroj Kumari, who is present in Court. Complainant stated on oath that she has settled the matter with the petitioner-accused and she has no objection in case the FIR No.124 of 2015, dated 15.10.2015 registered under Sections 354 Penal Code as well as consequent proceedings in Criminal Case No.57 of 2016 pending adjudication before the learned Judicial Magistrate, 1st Class, Court No.2, Amb, District Una, H.P. against the petitioner- accused are quashed and set-aside. Her statement is taken on record.