MANU/HP/2079/2019

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

Cr. MMO Nos. 732 and 733 of 2019

Decided On: 02.12.2019

Appellants: Vipin Kumar and Ors. Vs. Respondent: Kiran Bala and Ors.

Hon'ble Judges/Coram:
Sandeep Sharma

DECISION

Sandeep Sharma, J.

1. By way of above captioned petitions filed under Section 482 of the Code of Criminal Procedure, a prayer has been made on behalf of the petitioner(s), for quashing of private complaint No. 434-I-14 dated 2.12.2014, pending before the learned Additional Chief Judicial Magistrate-1, Amb, District Una, H.P., under Sections 323, 149, 341, 354, 380, 452, 509 and 506 read with Section 34 of Indian Penal Code and FIR No. 113/2014 dated 24.8.2014, under Sections 341, 323, 504 and 34 of Indian Penal Code, registered with Police Station Gagret, District Una, H.P., as well as consequent proceedings pending before the court below, on the basis of compromise/amicable settlement arrived inter-se parties.

2. Precisely the facts of the case as emerge from the pleadings on record, are that petitioner (Kiran Bala) in Cr.MMO No. 733 of 2019 lodged a private complaint No. 434-I-14 on 2.12.2014 in the court of learned Additional Chief Judicial Magistrate-1, Amb, District Una, H.P., alleging therein that Vipin Kumar alongwith other persons (petitioners No. 1 to 10 in Cr.MMO No. 732 of 2019) and proforma respondent No. 2 not only gave beatings to her, but also behaved indecently and as such, appropriate action in accordance with law, may be taken against them. Mr. Vipin Kumar, petitioner in Cr.MMO No. 732 of 2019, also filed cross FIR No. 113/2014 dated 24.8.2014, under Sections 341, 323, 504 and 34 of Indian Penal Code, registered with Police Station Gagret, District Una, H.P. against Kiran Bala and others. After completion of investigation, police filed challan in the competent court of law, which is pending adjudication.

3. Before the matters referred herein above could be taken to its logical end, parties in both the cases have resolved to settle their dispute amicably inter-se them as is evident from the compromise deed placed on record and as such, have approached the court by way of instant proceedings for quashing of FIR and private complaint.

4. Having taken note of the compromise placed on record as well as averments contained in the petitions, this Court while issuing notice to the parties vide order dated 27.11.2019, directed the parties to remain present, especially complaints in both the cases so that factum with regard to compromise, if any, could be ascertained.

5. Pursuant to aforesaid order, parties have come present in the court today. Complainants Kiran Bala and Vipin Kumar, stated on oath before this Court that they of their own volition and without there being any external pressure have entered into compromise with each other, whereby they have resolved to settle their dispute amicably inter-se them with a view to maintain cordial relations with each other. They further stated that they do not want to pursue the cases initiated at their behest and shall have no objection in case, private complainant and FIR as well as consequent........