Shubham Sharma vs State of Himachal Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(HP) 1040

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Shubham Sharma – Appellant
Versus
State of Himachal Pradesh – Respondent

Advocates:
Advocate Appeared:
For the Appellants : Ajay Sharma, Atharv Sharma
For the Respondents: Tejasvi Sharma, H.S. Rawat, Mohinder Zharaick, Rohit Sharma, Ranjana Patial, Divya Raj Singh

JUDGMENT :

Virender Singh, J.

1. Petitioner Shubham Sharma has filed the present petition, under Section 482 of the Code of Criminal Procedure (hereinafter referred to as ‘the Cr. P.C.) for quashing of FIR No. 74 of 2022, dated 4.5.2022, (hereinafter referred to as ‘the FIR in question’), registered under Sections 498A, 323, 406, 504 and 506 read with Section 34 of the INDIAN PENAL CODE (hereinafter referred to as ‘the IPC’), with Police Station, Amb, Tehsil Amb, District Una, H.P., as well as, the proceedings resultant thereto, stated to be pending before the court of learned Additional Chief Judicial Magistrate, Court No. 1, Amb, District Una, H.P. (hereinafter referred to as ‘the trial Court’).

2. The petitioner has filed the petition on the ground that his elder brother, namely, Ankush Sharma was married to respondent No. 2, in the year 2018. As per the petitioner, respondent No. 2, for the reasons best known to her, lodged FIR in question, in which, Police has conducted the investigation and submitted chargesheet, against the petitioner, as well as, his brother and parents. There are total four accused in the case, pending adjudication, before the learned trial Court.

3. According