Students involved in cross-FIRs compromised their dispute. The High Court allowed the Section 482 Cr.P.C petition and quashed FIR No. 245 of 2021 (Sections 147, 148, 149, 323, 325, 504 IPC), PS West Shimla, along with pending proceedings before the trial Court, acknowledging the parties' compromise.
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.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
Cr.MMO No. 1057 of 2023
Decided on: 5th January, 2024
Ritik Palsra and others
.......Petitioners.
Versus
State of H.P and another
...Respondents
Coram
The Hon’ble Mr. Justice Virender Singh, Judge.
Whether approved for reporting?1
For the petitioners: Mr. Dikken Kumar, Advocate.
For the respondents: Ms. Leena Guleria, Addl. A.G. for respondent No.1.
Mr. Karan Kapoor, Advocate for respondent No.2.
Virender Singh, Judge (Oral)
Petitioners have filed the present petition, under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the ‘Cr.P.C.’), with a prayer to quash FIR No. 245 of 2021 dated 27.10.2021 (hereinafter referred to as the ‘FIR in question’), under Sections 147, 148, 149, 323, 325 and 504 of the Indian Penal Code (hereinafter referred to as the ‘IPC’), registered with Police Station, West, District Shimla H.P., as well as, proceedings resultant thereto, which are stated to be
1 Whether the reporters of Local Papers may be allowed to see the judgment? Yes.
2
pending in the Court of learned Additional Chief Judicial Magistrate-II, Shimla, District Shimla, H.P. (hereinafter referred to as the ‘learned trial Court), on the basis of compromise entered into between the parties.
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that the police has investigated both the matters and submitted report under Section 173(2) Cr.P.C, which is pending adjudication before the learned trial Court. He has further asserted the fact that since he and petitioners are students, as such, in order to maintain their future cordial relations, with the intervention of their seniors, the matter has been compromised vide compromise Annexure P-2. Not only this, he has also stated that the matter has been compromised regarding the present FIR, as well as, FIR No. 244 of 2021.
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as such, with the intervention of their seniors, the matter has been compromised vide compromise Annexure P-2.
Annexure P-2.
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proceedings before the learned trial Court, it would certainly affect upon their career. When, the parties have buried their inter se disputes and decided to live peacefully in order to maintain their future cordial relations, then, their efforts must be acknowledged by the Court.
January 05, 2024 ( Virender Singh ) (naveen) Judge
1 issue framed by the court
Whether FIR No. 245 of 2021 under Sections 147, 148, 149, 323, 325, 504 IPC and resultant proceedings should be quashed on the basis of a compromise between the parties.
3 provisions across 3 enactments
Ritik Palsra and others
State of H.P
Sahil Thakur
Virender Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
