VIJAY KUMAR 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 petitioner for quashing and setting aside FIR No. 140, dated 1.6.2018 under Ss. 354-D, 323 and 506 IPC registered at Police Station, Shimla West, District Shimla, Himachal Pradesh as well as consequent proceedings i.e. Challan No. 324/18, pending before learned Additional Chief Judicial Magistrate, Court No.2, Shimla, on the basis of compromise entered inter se parties (Annexure P-1). Whether reporters of the Local papers are allowed to see the judgment?.

(2.) Averments contained in the petition, which is duly 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, who alleged that the petitioner herein not only gave her beatings rather behaved indecently. Though, after completion of investigation, Police presented Challan in the competent Court of law i.e. Challan No. 324 of 2018 in the court of learned Additional Chief Judicial Magistrate, Court No.2, Shimla, Himachal Pradesh, but it appears that during the pendency of the proceedings before learned Court below, parties have resolved to settle their dispute amicably inter se them, as is evident from Annexure P-1 i.e. compromise deed placed on record.

(3.) On 31.10.2019, this Court having carefully perused the averments contained in the petition as well as compromise placed on record, deemed it fit to cause presence of respondent No.2, with a view to ascertain the genuineness and correctness of the compromise placed on record. Pursuant to order dated 31.10.2019, parties have come present, especially, respondent No.2, Sheetal Kumari, complainant, at whose behest, FIR sought to be quashed came to be lodged.