YASHPAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of present petition filed under S.482 CrPC, prayer has been made on behalf of the petitioners for quashing and setting aside FIR No. 44, dated 25.4.2019 under Ss. 354A(2), 509 and 506 IPC registered at Police Station Nahan, District Sirmaur, Himachal Pradesh against the petitioner, at the behest of respondent No.2/complainant, on the basis of compromise entered inter se them (Annexure P-1).

(2.) Averments contained in the petition, which is supported by an affidavit, reveal that the FIR sought to be quashed in the instant proceedings came to be lodged at the behest of respondent No.2/complainant, Anjum, who alleged that on 20.3.2019, she received a telephonic call from the petitioner accused, who not only behaved indecently rather requested for favours, which were not legitimate. After completion of investigation, Police presented Challan in the competent Court of law i.e. Judicial Magistrate 1st Class, Nahan, District Sirmaur, Himachal Pradesh, which is pending adjudication. Before the matter could be taken to its logical end by learned trial Court, petitioner and respondent No.2/complainant resolved to settle their dispute amicably inter se them, as such, petitioner has approached this Court praying therein to quash and set aside FIR as well as consequent proceedings pending in the competent Court of law.

(3.) Having taken note of the averments contained in petition as well as compromise placed on record, this Court while issuing notice to the respondents on 3.12.2019, deemed it fit to cause presence of the parties, especially respondent No.2, so that factum with regard to compromise/amicable settlement arrived inter se parties could be ascertained. This court, while passing aforesaid order, also requested learned Deputy Advocate General to verify the factum with regard to compromise, if any, arrived inter se parties.