Point of law: Quash of Criminal proceedings/FIR – Compromise between parties – FIR quashed.

ORDER :

Notice. Mr. Sumesh Raj, learned Additional Advocate General accepts notice on behalf of respondent No. 1. Mr. Diwan Singh Negi, learned Counsel has put in appearance on behalf of respondents No. 2 and 3.

2. On the joint request of learned Counsel for the petitioner and respondents No. 2 and 3, the case is taken up for final consideration today itself.

3. By way of this petition filed under Section 482 of the Code of Criminal Procedure, the petitioner has prayed for quashing of FIR No. 12 of 2021, dated 30.01.2021, registered under Sections 363 and 366 of the Indian Penal Code, at Police Station Bhaba Nagar, District Kinnaur, H.P. as well as ensuing criminal proceedings pending in the Court of learned Sessions Judge Kinnaur at Rampur.

4. I have heard learned Counsel for the petitioner as well as learned Counsel for respondents No. 2 and 3 and learned Additional Advocate General.

5. Respondent No. 2, Sh. Kapil Dev, who is the father of the victim, is present in person in the Court. He has been duly identified by Mr. Diwan Singh Negi, Advocate, who is representing him.

6. Statement of complainant Mr. Kapil Dev (respondent No. 2) has also been independently recorded in the Court, wherein he stated that as the issue which led to registration of the FIR in issue, stands compromised between the parties in terms of Compromise Deed Annexure P-2, therefore, he has no objection in case FIR No. 12 of 2021, dated 30.01.2021, registered under Sections 363 and 366 of the Indian Penal Code, at Police Station Bhaba Nagar, District Kinnaur, H.P. as well as ensuing criminal proceedings, pending in the Court concerned, are quashed and set aside. A copy of compromise so arrived at between the parties is appended with the petition as Annexure P-2 and execution of the same as also the contents thereof have also been acknowledged by respondent No. 2. He also acknowledged his signatures on Compromise Deed Annexure P2.

7. Learned Additional Advocate General has also very fairly submitted that the respondent-State has no objection in case petition is allowed and FIR as well as consequential criminal proceedings, if any, pending trial, are quashed and set aside.

8. Accordingly, in view of above, this petition is allowed and FIR No. 12 of 2021, dated 30.01.2021, registered under Sections 363 and 366 of the Indian Penal Code, at Police Station Bhaba Nagar, District Kinnaur, H.P. as well as ensuing criminal proceedings, pending in the Court of learned Sessions Judge Kinnaur at Rampur, are ordered to be quashed and set aside, taking into consideration the compromise entered between parties and statement to this effect, made by the complainant in this Court, which shall form part of the judgment.

Petition is accordingly disposed of in above terms, so also pending miscellaneous applications, if any.