Petitioner sought withdrawal of CrPC petition for quashing an FIR due to inadvertent errors in pleadings. Court dismissed the petition as withdrawn, allowing a fresh filing after corrections.
Petition dismissed as withdrawn with liberty to file a fresh petition after incorporating corrections.
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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr.MMO No.137 of 2023 Decided on: 3rd April, 2023 ------------------------------------------------------------------------------------- Kajal Kashyap …..Petitioner Versus State of H.P. and another .....Respondents -------------------------------------------------------------------------------------
Coram
Ms. Justice Jyotsna Rewal Dua
Whether approved for reporting?1
For the Petitioner: Ms. Shashi Kiran Negi, Advocate. For the Respondents: Mr. Y.P.S. Dhaulta, Mr. Rupinder Singh Thakur and Mr. Navlesh Verma, Additional Advocates General with Ms. Seema Sharma, Deputy Advocate General, for respondent No.1-State.
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Jyotsna Rewal Dua, Judge
Instant petition preferred under Section 482 of the Code of Criminal Procedure is for quashing of FIR No.124/2019, dated 15.08.2019, registered under Sections 279 and 337 of the Indian Penal Code (IPC) at Police Station Majra, District Sirmour, H.P. The prayer for quashing has been made on the ground that the parties have compromised the matter amongst themselves.
Respondent No.1 has filed the status report.
1 Whether reporters of print and electronic media may be allowed to see the order?
2
During hearing of the case, learned counsel for
the petitioner submitted that there are some inadvertent errors in the pleadings of the case. Learned counsel further submitted that some rectifications are also required to be carried out in the documents appended with the petition. Hence, she prayed for withdrawing the petition with liberty to move afresh after incorporating the necessary corrections. Prayer is not opposed. The petition is accordingly dismissed as withdrawn with liberty to file a fresh petition in accordance with law. Pending miscellaneous application(s), if any, also stand disposed of.
April 03, 2023 Mukesh
Jyotsna Rewal Dua Judge
2 issues framed by the court
Whether the petition for quashing under Section 482 CrPC should be withdrawn due to inadvertent errors in pleadings.
Whether the petition can be dismissed with liberty to file a fresh petition after corrections.
1 provisions across 1 enactments
Kajal Kashyap
State of H.P.
another
Jyotsna Rewal Dua
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
