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2018 DIGILAW 1344 (HP)

Deep Gautam v. State Of H. P.

2018-07-19

AJAY MOHAN GOEL

body2018
JUDGMENT Ajay Mohan Goel, J. (Oral) - By way of this petition, petitioner has prayed for quashing of FIR No. 0040/2018, dated 21.03.2018, under Sections 279 and 337 of the Indian Penal Code, registered at Police Station Bangana, District Una, H.P. as also for quashing of consequential criminal proceedings, ensuing from the said FIR, pending in the Court of Additional Chief Judicial Magistrate, Una, District Una, H.P. in case No. 180-II-2018 (CIS No. 162 of 2018), titled as State of H.P. v. Deep Kumar . 2. According to the petitioner, the issue which led to registration of the FIR stands amicably settled between the petitioner and the injured. In order to substantiate this fact, a copy of the Razinama, which has been entered into between the petitioner(accused) and the complainant-injured stands appended with the petition as Annexure P-2. Statements of the complainant as also the injured have been separately recorded in the Court. Execution of Razinama (Annexure P-2) stands acknowledged by the complainant as also by the injured. They have also acknowledged the contents of the said Razinama (Annexure P-2). They have further submitted that in view of the issue having been amicably settled between them and the accused, they have no objection in case this petition is allowed and the FIR as also ensuing criminal proceedings are ordered to be quashed and set aside. 3. Learned Additional Advocate General submits that taking into consideration the peculiar facts of the case and the fact that the matter has been amicably settled between the parties, State has no objection in case this petition is allowed. 4. Having heard learned counsel for the parties and after perusing the averments made in the petition as also taking into consideration the statements of the complainant and the injured, in my considered view as the trial will be a futile exercise in view of the matter having been amicably settled, it is a fit case wherein this Court in exercise of its jurisdiction conferred in it under section 482 of the Criminal Procedure Code, 1973 quash the FIR as also the ensuing criminal proceedings. Accordingly, it is ordered that FIR No. 0040/2018, dated 21.03.2018, under Sections 279 and 337 of the Indian Penal Code, registered at Police Station Bangana, District Una, H.P. as also consequential criminal proceedings, ensuing from the said FIR, pending in the Court of Additional Chief Judicial Magistrate, Una, District Una, H.P. in case No. 180-II-2018 (CIS No. 162 of 2018), titled as State of H.P. v. Deep Kumar ., are ordered to be quashed and set aside. 5. Petition stands disposed of in the aforesaid terms, so also pending applications, if any.