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Judgment
Vivek Singh Thakur, J
Petitioners in these petitions have approached this Court for quashing of FIR No. 164 of 2019, dated 22.7.2019, registered in Police Station West,
Shimla, H.P. under Sections 341, 143, 147, 149, 353, 504 and 506 of Indian Penal Code.
It is submitted on behalf of petitioners that offence, as alleged in the FIR, has not been committed by the petitioners and further that even if the
contents of FIR are taken to be true as it is, for arguments sake only, even then on the basis of contents of FIR as well as material on record, it does
not disclose commission of any offence by the petitioners under the Sections mentioned in the FIR. Cr.MMO No. 73 of 2021 & connected matters
It is further submitted by learned counsel for the petitioners that in identical cases Co-ordinate Benches of this Court in Cr.MMO No. 51 of 2020,
decided on 24.1.2020, titled as Rajiv Jiwan Vs. State of H.P. and Cr.MMO No. 339 of 2020, decided on 22.2.2021, titled as Anu Tuli Azta Vs. State
of H.P., have quashed this FIR, i.e. FIR No. 164 of 2019 qua the petitioners therein on the ground that there is nothing on record to substantiate the
allegations that petitioners therein had committed the offence alleged in the FIR.
The contention of petitioners that they are identically situated to the petitioner in Cr.MMO Nos. 51 and 339 of 2020 has not been disputed on behalf
of respondent-State, after going through the record made available to learned Deputy Advocate General.
Judgments passed in Cr.MMO Nos. 51 and 339 of 2020 have attained finality. Being identically similar to the petitioner therein, petitioners herein
are also entitled for the same treatment and for the reasons assigned in the said Cr.MMOs for quashing of FIR lodged against co-accused in identical
circumstances, present petitions deserve to be allowed and accordingly FIR No. 164 of 2019, dated 22.7.2019, registered in Police Station West,
Shimla, H.P., under Sections 341, 143, 147, 149, 353 and 506 of Indian Penal Code is quashed qua petitioners herein, in terms of Cr.MMO Nos. 51
and 339 of 2020.
Petitions stand disposed of along with pending application(s), if any.