ion>Sandeep Sharma#10HP500Judgment/OrderMANUSandeep Sharma,HIMACHAL PRADESH2019-9-1217483,16226,16369,16371,15817,16766,16132,15946,15947,15948,16149,16298,16599,16263,16314,16315,16318,15913,17457 -->

MANU/HP/1280/2019

True Court CopyTM

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

Cr. MMO No. 295 of 2015

Decided On: 05.09.2019

Appellants: Neeraj Katoch and Ors. Vs. Respondent: State of H.P. and Ors.

Hon'ble Judges/Coram:
Sandeep Sharma

DECISION

Sandeep Sharma, J.

1. By way of instant petition filed under Section 482 of the Code of Criminal Procedure, a prayer has been made on behalf of the petitioners-accused, for quashing of FIR No. 211/10 dated 11.8.2010, under Sections 387, 504 and 506 read with Section 34 of Indian Penal Code, registered with Police Station Indora, District Kangra, H.P., as well as consequent proceedings pending before the court below on the basis of amicable settlement arrived inter-se parties.

2. Briefly stated facts as emerge from the record are that on 11.8.2010, FIR detailed herein above came to be registered at Police Station Indora, District Kangra, H.P., at the behest of the respondent-complainant Kewal Singh, who alleged that accused not only extended threats to him, but demanded a sum of Rs. 8.00 lac and claimed that in case, aforesaid amount is not paid, they will eliminate him and abduct his children. After completion of investigation, police presented the challan in the court of learned JUMIC Indora, District Kangra, however, during pendency of the trial before the court below, petitioner and respondent No. 2 have resolved to settle their matter amicably inter-se them with a view to maintain cordial relations with each other.

3. On 8.8.2019, this Court having taken note of the compromise placed on record deemed it fit to summon the respondent-complainant in the court so that factum with regard to the correctness and genuineness of the compromise is ascertained/verified.

4. Pursuant to order dated 8.8.2019, parties have come present in the court today. Respondent-complainant Sh. Kewal Singh, at whose behest FIR sought to be quashed, came to be lodged against the petitioners stated on oath before this Court that he of his own volition and without there being any external pressure has entered into compromise with the petitioners-accused, which bears his signatures. He further stated that since petitioners are closely related to him, he does not want to pursue FIR filed by him and shall have no objection in case, FIR as well as consequent proceedings pending in the competent court of law are ordered to be quashed and set-aside. His statement made on oath is taken on record.

5. Mr. Kunal Thakur, learned Deputy Advocate General, having heard statement made by the complainant/respondent No. 2 as well as perused compromise placed on record, fairly stated that in view of the subsequent developments, no fruitful purpose would be served in case FIR as well as consequent proceedings sought to be quashed and set-aside are allowed to sustain. Apart from above, Mr. Thakur, fairly acknowledged the fact that during trial, respondent-complainant has otherwise turned hostile and as such, there are very bleak/remote chances of conviction of the petitioners. He further stated that in view of the given facts and circumstances, prayer made in the present petition can be accepted by this Court while exercising power under Section 482 Cr.P.C.

6. Th........