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Himachal Pradesh High Court · body

2015 DIGILAW 1827 (HP)

YASHPAL SHARMA v. STATE OF HIMACHAL PRADESH

2015-12-09

SANJAY KAROL

body2015
JUDGMENT : Sanjay Karol, J. 1. The present petition stands filed by the complainant as also the accused. 2. Learned counsel for the petitioner invites attention of this Court to the judgments dated 5.6.2015, passed in Cr.MMO No.165 of 2015, titled as Davinder Kumar v. State of H.P. and another, dated 6.11.2015, passed in Cr.MMO No.320 of 2015, titled as Vishal Kumar v. State of H.P. and another, dated 31.7.2014, passed in Cr.MMO No.25 of 2014, titled as Satish Kumar v. State of H.P. and others, dated 6.3.2014, passed in Cr.MMO No.10 of 2014, titled as Sushil Kumar v. State of H.P. and another. 3. Consistently, this Court has taken a view that cases of such nature, where parties have compromised the matter, in the interest of justice, FIRs and consequential proceedings need to be quashed. In the instant case, FIR No.16/2015 dated 5.3.2015, stands registered at Police Station, New Shimla, District Shimla, H.P., under Sections 341, 353, 332, 504 and 34 of the Indian Penal Code. The matter stands compromised between the parties vide Compromise Deed (Annexure P-3). No fruitful purpose would be served in continuing with the consequential proceedings. This Court in Davinder Kumar (supra), based on the decision rendered by the apex Court in Narinder Singh & Ors. v. State of Punjab & Anr. JT, 2014 (4) SC 573, has quashed the FIR. 4. In view of the same, present petition is allowed and FIR No.16/2015 dated 5.3.2015, stands registered at Police Station, New Shimla, District Shimla, H.P. under Sections 341, 353, 332, 504 and 34 of the Indian Penal Code as also consequential proceedings pending before Judicial Magistrate 1st Class (VI), Shimla, H.P. titled as State v. Pawan Kumar and another, 2001 (1) R.C.R. (Criminal) 747 are quashed and set aside. 5. In view of the aforesaid, present petition stands disposed of, so also, pending application(s), if any.