The Court allowed the Criminal Misc. Petition under Section 482 CrPC and quashed FIR No. 119 of 2021 along with ensuing criminal proceedings following a compromise deed executed between the parties and the complainant's statement.
Quashing of FIR No. 119 of 2021 and ensuing criminal proceedings.
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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 3rd DAY OF AUGUST, 2022
BEFORE
HON’BLE MR. JUSTICE AJAY MOHAN GOEL
CRIMINAL MISC. PETITION (MAIN) U/S 482 CRPC No 543 OF 2022
Between:-
1. AAS MOHAMMAD ALIAS AASU AGED ABOUT 21 YEARS SON OF SH. GULZAR.
2. TALIB AGED ABOUT 23 YEARS SON OF SH. MOHAMMAD MATLOOB.
3. MOHAMMAD MEHBOOB ALIAS MEHBOOB AGD ABOUT 39 YEARS SON OF SH. MUSTAK.
4. MOHAMMAD MAHROOJ AGED ABOUT 33 YEARS SON OF SH. MUSTAK.
5. SARFARAZ QURESHI AGED ABOUT 30 YEARS SON OF SH. MUSTAK. ALL RESIDENTS OF EIDFAH COLONY, BELOW CART ROAD, LAKKER BAZAR, SHIMLA, H.P.
……….PETITIONERS
(BY MR. KULDEEP SINGH CHANDEL, ADVOCATE) AND
1. STATE OF HIMACHAL PRADESH THROUGH SUPERINTENDENT OF POLICE SHIMLA, DISTRICT SHIMLA, H.P.
2. UJAIF ALI ALIAS UJAIB SON OF SH. MOHAMMAD MOBIN RESIDENT OF EIDGAH COLONY, BELOW CART ROAD, LAKKER BAZAR, SHIMLA, H.P.
3. SHEHDAB ALI ALIAS UMER ALIAS MALA SON OF SH. MOHAMMAD MOBIN RESIDENT OF EIDGAH COLONY, BELOW CART ROAD, LAKKER BAZAR, SHIMLA, H.P.
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4. MOHAMMAD MOBIN SON OF SH. AMIRU DIN RESIDENT OF EIDGAH COLONY, BELOW CART ROAD, LAKKER BAZAR, SHIMLA, H.P.
.…….RESPONDENTS
(M/S SUMESH RAJ, DINESH THAKUR AND SANJEEV SOOD, ADDITIONAL ADVOCATE GENERALS WITH MR. AMIT KUMAR DHUMAL, DEPUTY ADVOCATE GENERAL AND MANOJ BAGGA, ASST. AG, FOR R-1 ; M/S KAMAL JEET SHARMA AND MAMTA, ADVOCATES FOR R-2 TO R-4. )
___________________________________________________________
Whether approved for reporting: No
This petition coming on for orders this day, the Court
passed the following:-
O R D E R
By way of this petition filed under Section 482 of the Code of Criminal Procedure, the petitioner has prayed for quashing of FIR No. 119 of 2021, dated 19.06.2021, registered under Sections 147, 148 and 323 read with Section 149 of the Indian Penal Code, at Police Station Sadar, Shimla, H.P. as well as ensuing criminal proceedings.
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ensuing criminal proceedings, if any, pending in the Court concerned, are ordered to be quashed and set aside, taking into consideration the compromise entered between parties and statement to this effect, made by the complainant in this Court, which shall form part of the judgment.
Petition is accordingly disposed of in above terms, so
also pending miscellaneous application(s), if any.
(Ajay Mohan Goel) Judge
August 03, 2022 (narender)
1 issue framed by the court
Whether the criminal proceedings be discharged/quashed in view of the bribery settlement arrived at between the parties.
1 provisions across 1 enactments
AAS MOHAMMAD ALIAS AASU
TALIB
MOHAMMAD MEHBOOB ALIAS MEHBOOB
MOHAMMAD MAHROOJ
SARFARAZ QURESHI
STATE OF HIMACHAL PRADESH
AJAY MOHAN GOEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
