Ritik Sharma And Others vs Himachal Pradesh Board And Others

Jyotsna Rewal Dua, J

Instant petition has been filed for quashing of FIR No.48/2021, dated 14.04.2021, registered at Police Station Dhalli, District Shimla. The FIR was registered under Sections 341, 323, 324, 147, 148, 149 and 34 of the Indian Penal Code (IPC). In this petition filed under Section 482 of the Code of Criminal Procedure (Cr.P.C.), the petitioners have also prayed for quashing the consequent criminal proceedings initiated against them on the basis of the above-mentioned FIR.

Briefly, the facts of the case are that respondent No.2-Sh. Sunil Negi lodged a complaint against the petitioners on 14.04.2021 alleging that while he alongwith his friends were going towards market near Dhalli, some boys descended from two vehicles bearing Registration Nos.HP 09C-0567 and HP 09C-0281. These boys attacked the complainant with sharp weapons. On the basis of these allegations, the FIR in question was registered against the petitioners.

It has been submitted in the petition that with the intervention of common friends, the dispute between the parties has been amicably settled. The matter has been compromised between them. Compromise deed dated 13. 08.2021 has been placed on record of the petition as Annexure P-2. The petitioners and respondent No.2 have attended today's hearing. They have been identified as such by their learned counsel. The parties have stood by the compromise entered by them at Annexure P-2. Their separate statements to this effect have been recorded. Respondent No.2-Sh. Sunil Negi has stated that he is not willing to pursue the matter any further and has no objection in case the FIR in question and the resultant proceedings are quashed and set aside. Learned Additional Advocate General submitted that since the parties have amicably settled the matter amongst themselves, therefore, the State, i.e. respondent No.1, has no objection for allowing the petition.

In a long line of decisions, Hon'ble Apex Court has held that FIR or criminal proceedings can be quashed under Section 482 Cr.P.C. in appropriate cases in order to meet ends of justice. In the instant case, respondent No.2 has compromised the matter with the petitioners and has stated that he doesn't want to pursue the FIR and the criminal proceedings any further. In such view of the matter, continuation of the trial would be a futile exercise.

Taking a holistic view of the matter, looking into the nature of offences alleged against the petitioners and also considering the compromise entered into between the parties, this petition is allowed. FIR No.48/2021, dated 14. 04.2021, registered under Sections 341, 323, 324, 147, 148, 149 and 34 IPC at Police Station Dhalli, District Shimla and the proceedings arising out of the FIR having Challan No.334/2021, titled State of Himachal Pradesh Versus Ritik Sharma and others, pending adjudication before the learned Judicial Magistrate 1st Class (V), Shimla, are quashed and set aside.

The petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any.