The High Court of Himachal Pradesh quashed FIR No. 52 of 2021 and the ensuing criminal proceedings under Sections 323, 504, 506 IPC read with Section 34 IPC and Sections 3(1)(s) and 3(2)(va) of the SC/ST (PoA) Act, 1989, accepting the parties’ settlement.
Quashing of FIR No. 52 of 2021 and all ensuing criminal proceedings arising therefrom.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 2nd DAY OF AUGUST, 2022
BEFORE
HON’BLE MR. JUSTICE AJAY MOHAN GOEL
CRIMINAL MISC. PETITION (MAIN) U/S 482 CRPC No. 495 of 2022
Between:-
1. SH. KULBHUSHAN RAJ, S/O SH. RELU RAM, AGED ABOUT 60 YEARS, R/O VILLAGE KAFRONA, P.O. MATAL, TEHSIL CHOPAL, DISTRICT SHIMLA, H.P.
2. SMT. SUMAN RAJ, W/O SH. KULBHUSHAN RAJ, AGED ABOUT 58 YEARS, R/O VILLAGE KAFRONA, P.O. MATAL, TEHSIL CHOPAL, DISTRICT SHIMLA, H.P.
3. SH. KAMINDER SINGH, S/O SH. SHYAM SINGH, AGED ABOUT 28 YEARS, R/O VILLAGE SHAWALA, POST OFFICE RUSLAH, TEHSIL NERWA, DISTRICT SHIMLA, H.P.
...PETITIONERS
(BY S/SHRI PEEYUSH VERMA & AJAY SHARMA, ADVOCATES) AND
THE STATE OF H.P. THROUGH PRINCIPAL SECRETARY HOME, GOVERNMENT OF H.P., SHIMLA.
...RESPONDENT (M/S SUMESH RAJ, DINESH THAKUR & SANJEEV SOOD, ADDITIONAL ADVOCATE
2
GENERALS, WITH MR. AMIT DHUMAL, DEPUTY ADVOCATE GENERAL & MR. MANOJ BAGGA, ASSISTANT ADVOCATE GENERAL.
Whether approved for reporting?
__________________________________________________________ This petition coming on for orders this day, the Court passed the
following:-
J U D G M E N T
By way of this petition filed under Section 482 of the Code of Criminal Procedure, the petitioners have prayed for quashing of FIR No. 52 of 2021, dated 03.06.2021, registered under Sections 323, 504 and 506 read with Section 34 the Indian Penal Code and Sections 3(1)(s) and 3(2) (va) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 at Police Station Chopal, District Shimla, H.P. as also the ensuing criminal proceedings.
2. I have heard learned counsel for the petitioners and learned Additional Advocate General.
3. Petitioner No. 3-Sh. Kaminder Singh, who is present in person in the Court, has been duly identified by his counsel Mr. Ajay Kumar, Advocate. His statement has also been independently recorded in the Court, wherein he has stated that he has entered into a compromise with the accused and he is not interested in pursuing the matter which led to the registration of FIR No. 52 of 2021, dated 03.06.2021, registered under Sections 323, 504 and 506 read with Section 34 the Indian Penal Code and Sections 3(1)(s) and 3(2)(va) of The Scheduled Castes and Scheduled
3
Tribes (Prevention of Atrocities) Act, 1989 at Police Station Chopal, District Shimla, H.P. as also the ensuing criminal proceedings.
4. Learned Additional Advocate General has also very fairly submitted that the respondent-State has no objection in case petition is allowed and FIR in issue as well as ensuing criminal proceedings are quashed and set aside.
5. Accordingly, in view of the above, this petition is allowed and FIR No. 52 of 2021, dated 03.06.2021, registered under Sections 323, 504 and 506 read with Section 34 the Indian Penal Code and Sections 3(1)(s) and 3(2)(va) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 at Police Station Chopal, District Shimla, H.P. as also the criminal proceedings arising out of the said FIR are quashed and set aside, taking into consideration the fact that the matter which led to the registration of FIR in issue has now been amicably settled between the complainant and the accused and a statement to this effect made by the complainant/petitioner No. 3 in this Court. Statement of the complainant made today in the Court shall form part of the judgment. Miscellaneous applications, if any, also stand disposed of.
Downloaded copy of this judgment is valid for compliance.
(Ajay Mohan Goel) Judge
(bhupender)
August 02, 2022
2 issues framed by the court
Whether the FIR registered under Sections 323, 504, 506 IPC and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 should be quashed in view of the settlement between the p
Whether the ensuing criminal proceedings arising out of the FIR should be set aside.
3 provisions across 3 enactments
SH. KULBHUSHAN RAJ
SMT. SUMAN RAJ
SH. KAMINDER SINGH
THE STATE OF H.P. THROUGH PRINCIPAL SECRETARY HOME
AJAY MOHAN GOEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
