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Himachal Pradesh High Court · body

2015 DIGILAW 1829 (HP)

RAJEEV SINGH v. STATE OF HIMACHAL PRADESH

2015-12-09

SANJAY KAROL

body2015
JUDGMENT : Sanjay Karol, J. 1. Vakalatnama filed on behalf of respondent No.2 is taken on record. Learned counsel for the petitioner invites attention of this Court to the judgments dated 5.6.2015, passed in Cr. MMO No.165/2015, 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.10/2014, titled as Sushil Kumar v. State of H.P. and another. 2. Consistently, this Court has taken a view that in relation to the offences for which the petitioner stands charged, where parties have compromised the matter, Court would quash the FIR and the consequential proceedings. In the instant case, FIR No.22/2013 dated 6.2.2013, stands registered at Police Station, Bhoranj, District Hamirpur, under Sections 379, 337 and 338 of the IPC. Complainant has amicably resolved the dispute with the respondent/accused who is also present in the Court. The said respondent, through his counsel, states that the matter stands compromised vide Compromise Deed (Annexure P-1). This Court finds that under similar circumstance in Davinder Kumar (supra) this Court, 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. 3. In view of the same, present petition is allowed and FIR No.22/2013 dated 6.2.2013, registered at Police Station, Bhoranj, District Hamirpur, under Sections 379, 337 and 338 of the IPC as also consequential proceedings pending before Judicial Magistrate 1st Class (II), Hamirpur, H.P., titled as State v. Padam Dev, are quashed and set aside. In of the aforesaid, present petition stands disposed of, so also, pending application(s), if any.