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2018 Supreme(HP) 1274

CHANDER BHUSAN BAROWALIA
Vishal Sharda – Appellant
Versus
State Of Himachal Pradesh – Respondent


Advocates Appeared:
Ashwani Sharma, Lovneesh Kanwar, O.P Sharda, P.K Bhatti, Pawan Gautam, Advocates for the appearing parties.

JUDGMENT

Chander Bhusan Barowalia, J —The parties present in person, through their Advocates, have jointly moved the present application, under Section 482 of the Code of Criminal Procedure for placing on record the Compromise Deed (Annexure A-1) , whereby the parties have entered into a compromise and as per the terms of said compromise, they do not want to continue the litigation against each other.

2. Today, party No. 1 has paid a demand draft, as mentioned in the agreement, Annexure A-1, which has been duly received by party No. 2. Learned counsel for parties state that as the parties have entered into a compromise therefore, complaint, dated 26.04.2013, order dated 26.04.2013 and F.I.R. No. 127, dated 27.04.2013 may be quashed.

3. Their Lordships of the Hon''ble Supreme Court B.S. Joshi and others vs. State of Haryana and another , (2003) 4 SCC 675, have held that if for the purpose of securing the ends of justice, quashing of FIR becomes necessary, section 320 would not be a bar to the exercise of power of quashing. It is well settled that the powers under section 482 have no limits. Of course, where there is more power, it becomes necessary to exercise utmost care and caution

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