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2022 Supreme(HP) 445

CHANDER BHUSAN BAROWALIA
Ameen S/o Late Sh. Balbir Chauhan – Appellant
Versus
State Of Himachal Pradesh – Respondent


Advocate Appeared:
For the Appellant :Mr. Ashwani Dhiman, Advocate
For the Respondent:Mr. Arvind Sharma, Addl. AG, Mr. Gaurav Sharma, Mr. Kamal Kishore Sharma And Ms. Divya Sood, Dy. Advocates General, Mr. Chaman Singh, Advs.

ORDER :

The present petition is maintained by the petitioner under Section 482 of the Code of Criminal Procedure (hereinafter to be called as “the Code”) for quashing of F.I.R No.36 of 2019 dated 3.5.2019, under Sections 452, 354 and 354-A of the Indian Penal Code, registered at Police Station New Shimla, District Shimla, H.P. alongwith all consequential proceedings arising out of the said F.I.R., pending before the learned trial Court.

2. Briefly stated the facts, giving rise to the present petition, as per the prosecution story, are that respondent No.2/complainant made a complaint before the police alleging therein that on 3.5.2019 around 8:40 a.m, she was alone in her house, petitioner entered all of sudden through bathroom window with intention to outrage her modesty. On the basis of statement of the complainant, FIR in question was registered. Now, the parties have entered into a compromise, vide Compromise deed (Annexure P-2) stating therein that the complainant does not want to pursue the case against the petitioner. Hence, the present petition.

3. Learned counsel for the petitioner has argued that as the parties have compromised the matter, no purpose will be served by keepin

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