Dismissed
Virender Kanwar and Anr. v. State of Hp and Anr.
Himachal Pradesh HCCRMMO/35/2023
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HIGH COURT OF HIMACHAL PRADESH, SHIMLA…
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HIGH COURT OF HIMACHAL PRADESH, SHIMLA…
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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr.MMO No.35 of 2023 Decided on: 3rd April, 2023
------------------------------------------------------------------------------------- Virender Kanwar and another …..Petitioners Versus State of H.P. and another .....Respondents ------------------------------------------------------------------------------------Coram
Ms. Justice Jyotsna Rewal Dua
Whether approved for reporting?1
For the Petitioners: Mr. Dhiraj Thakur, 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. None for respondent No.2.
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Jyotsna Rewal Dua, Judge
By invoking the inherent jurisdiction under Section 482 of the Code of Criminal Procedure (Cr.PC), prayer has been made for quashing of FIR No.82/2017, dated 26.05.2017, registered under Sections 323, 506 and 34 of the Indian Penal Code (IPC) at Police Station West, District Shimla, H.P. alongwith consequent judicial proceedings. The genesis of the prayer is a compromise deed reported to have been executed between the parties on
29.12.2022.
1 Whether reporters of print and electronic media may be allowed to see the order?
2
2. On being put to notice, respondent No.1 has filed the status report. In terms of the status report, taking note of the statement of the complainant of his having compromised the matter with the accused persons and on perusing the terms and conditions of the compromise deed (Ext. PX), learned Judicial Magistrate First Class, Court No.5, Shimla, vide order dated 18.03.2023, allowed the application moved by the complainant under Section 320 Cr.PC. The offences punishable under Sections 323, 506 read with Section 34 IPC have been ordered to be compounded. The accused persons-Virender Kanwar and Manoj Kumar (petitioners herein) have been discharged for commission of aforesaid offences.
In view of the aforesaid order passed by the learned Judicial Magistrate First Class, Court No.5, Shimla on 18.03.2023 in Police Challan No.45/2017, the prayer made in this petition has been rendered infructuous. The petition to stand disposed of accordingly. Pending miscellaneous application(s), if any, also stand disposed of.
Jyotsna Rewal Dua Judge
April 03, 2023 Mukesh
Virender Kanwar
another
State of H.P.
another
Jyotsna Rewal Dua
As recorded by the court registry
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