IN THE HON’BLE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

CrMMO NO._____ OF 2019

In the matter of:

Amit
PETITIONER
Versus

State of Himachal Pradesh and Others

RESPONDENTS

INDEX

Sl.No. Documents Page No.

1. Memo of parties, grounds of petition with affidavit.
2. Copy of FIR – Annexure P-1.
3. Copy of Police Challan – Annexure P-2.
4. Copy of Compromise Deed – Annexure P-3.
5. Application for interim directions with affidavit.
6. Vakalatnama.

PLACE:SHIMLA
PETITIONER
DATED:

THROUGH COUNSELS

(SANJEEV K THAKUR & RAJINDER GULATI)

ADVOCATES

IN THE HON’BLE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

CrMMO NO._____ OF 2019

In the matter of:

Amit S/o Dhani Ram, Permanent Resident of Village Palivani, P.O. Behali, Police

Station, Colony Sunder Nagar, Distt. Mandi, H.P.

PETITIONER

Versus

1. State of Himachal Pradesh through Secretary (Home) to the Government of

Himachal Pradesh, Shimla-2.

2. Superintendent of Police, Shimla, District, Shimla, H.P.

3. Station House Officer, Police Station Shimla West, District Shimla, H.P.

4. Sohan Lal S/o Purushotam, Permanent Resident of VPO Haripur, Tehsil

Manali, Distt. Kullu, H.P.

5. Gitanshi D/o Dineshwar Thakur, Permanent Resident of VPO Karjan, Tehsil

Manali, Distt. Kullu, H.P.

RESPONDENTS

PETITION UNDER SECTION 482 OF THE CODE OF CRIMINAL

PROCEDURE, 1973 FOR QUASHING OF FIRST INFORMATION

REPORT NO.275 OF 2018 DATED 30.09.2018 REGISTERED AT

POLICE STATION SHIMLA WEST, DISTRICT SHIMLA, H.P.,

CHARGE SHEET FILED AGAINST THE PETITIONER IN THE

COURT OF LEARNED JUDICIAL MAGISTRATE, COURT NO.6,

SHIMLA, U/S.354C AND 506 OF THE INDIAN PENAL CODE AND

ALL THE SEBSEQUENT PROCEEDINGS IN THIS CASE, ON THE

 BASIS OF COMPROMISE ENTERED INTO BETWEEN THE

COMPLAINANT/RESPONDENT No.4, VICTIM/RESPONDENT No.5

AND PETITIONER/ACCUSED.

Respectfully Sheweth:

1. That First Information Report being First Information Report No. 275/2018 dated

30.09.2018 was registered at police station Shimla West, District Shimla, H.P. The said

FIR has been registered under Sections 354C and 506 of the Indian Penal Code, 1860.

The petitioner has been arrayed as an accused in the said First Information Report. The

copy of aforementioned FIR is annexed as Annexure P-1 to the petition.

2. That the Challan has been filed by the Police in the aforementioned FIR. Police Challan

No.564/2018, titled as State of H.P. Vs. Amit, is pending adjudication before the

Learned Judicial Magistrate, Court, No.6, Shimla, H.P. The next date of hearing is

27/11/2019 and the case has been listed for Prosecution Evidence. The copy of Police

Challan is annexed as Annexure P-2 to the petition.

3. That the Respondent No.4 is the complainant and Respondent No.5 is the victim in the

aforementioned case. Now both Respondent No.4 and Respondent No.5 with their own

free will and consent and without any force, coercion, pressure or undue influence from

anybody, have settled the dispute and in order to maintain relation cordial with the

Petitioner/Accused, they do not want to pursue the aforementioned case

against the Petitioner. The copy of Compromise Deed is annexed as Annexure P-3 to

the petition.
4. That the Petitioner is first time offender. The aforementioned FIR is the only FIR

registered against the Petitioner till date. It is pertinent to mention herein that the

Petitioner is a young and well educated person aged about 27 years. The Petitioner has

done post graduation in English and yet to start his carrier.

5. That the Petitioner seeks quashing of FIR No.275 of 2018 along with Police Challan

No.564/2018, titled as State of H.P. Vs. Amit filed against him and subsequent criminal

proceedings arose pursuant to aforementioned FIR and Police Challan on the following

amongst other grounds:-

A. Since Respondent No.4(Complainant) and Respondent No.5 (Victim) with

their own free will and consent and without any force, coercion, pressure or

undue influence from anybody, have settled the dispute and in order to

maintain relation cordial with the Petitioner/Accused, they do not want

to pursue the aforementioned case against the Petitioner, therefore,

the FIR No.275 of 2018 along with Police Challan No.564/2018, titled as

State of H.P. Vs. Amit filed against Petitioner and subsequent criminal

proceedings arose pursuant to aforementioned FIR and Police Challan may be

quashed.

B. Since the Petitioner is first time offender, the FIR No.275/2018 is the only

FIR registered against the Petitioner till date and the Petitioner is a young and

well educated person aged about 27 years, therefore, the FIR No.275 of 2018

along with Police Challan No.564/2018, titled as State of H.P. Vs. Amit filed

against Petitioner and subsequent criminal proceedings arose pursuant to

aforementioned FIR and Police Challan may be quashed.

 C. Since the Respondent No.4(Complainant), Respondent No.5 Victim) have

compromised the matter with the Petitioner, the prosecution has not examined

any witness so far, therefore, the chances of conviction of the

Petitioner/Accused is very remote and continuation of criminal proceedings

would be an abuse of the process of the Court, Hence, the FIR No.275 of

2018 along with Police Challan No.564/2018, titled as State of H.P. Vs. Amit

filed against Petitioner and subsequent criminal proceedings arose pursuant to

aforementioned FIR and Police Challan may be quashed.

6. That the petitioner has no other efficacious remedy available except to approach this

Hon’ble Court.

PRAYER

It is, therefore, respectfully prayed that the present petition may kindly be allowed

and the following relief may kindly be granted in favour of the petitioner:-

i. That the FIR No.275 of 2018 along with Police Challan No.564/2018, titled

as State of H.P. Vs. Amit, filed against Petitioner and subsequent criminal

proceedings arose pursuant to aforementioned FIR and Police Challan may

kindly be quashed and set aside.

ii. Any other relief which this Hon’ble Court deems just and proper in the facts

and circumstances of the case may kindly be passed in favour of the

petitioner.
 PLACE:SHIMLA
PETITIONER
DATED:

THROUGH COUNSELS

(SANJEEV K THAKUR & RAJINDER GULATI)

ADVOCATES

IN THE HON’BLE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

CrMMO NO._____ OF 2019

In the matter of:

Amit
 PETITIONER
Versus

State of Himachal Pradesh and Others

RESPONDENTS

Affidavit in support of accompanying petition

I, Amit, aged about 27 years, S/o Dhani Ram, Permanent Resident of Village Palivani, P.O.

Behali, Police Station, Colony Sunder Nagar, Distt. Mandi, H.P., Occupation: Unemployed, do

hereby solemnly affirm and declare that I am conversant with the facts of the case and that the

accompanying petition has been drafted at my instance and under my instructions and that the

contents of paras 1 to 6 of the same are true and correct to the best of my personal knowledge

and belief.

I further solemnly affirm and verify that this affidavit is true, no part of it is false

and nothing material has been concealed therein.

Verified and signed at _____ this_______ day of October, 2019.

Deponent

IN THE HON’BLE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

CrMP No._____ OF 2019

IN
CrMMO NO._____ OF 2019

In the matter of:

 Amit
APPLICANT/PETITIONER
Versus

State of Himachal Pradesh and Others

NON-APPLICANTS/RESPONDENTS

APPLICATION UNDER SECTION 482 OF

THE CODE OF CRIMINAL PROCEDURE,
1973, FOR STAYING FURTHER
PROCEEDINGS IN POLICE CHALLAN
No.564/2018, TITLED AS STATE OF H.P. VS
AMIT, ARISING OUT OF FIR NO.275 of 2018,
REGISTERED UNDER SECTIONS 354C AND
506 IPC,IN POLICE STATION, SHIMLA
WEST, PENDING ADJUDICATION BEFORE
LD.JUDICIAL MAGISTRATE, COURT NO.6,
SHIMLA, DISTT. SHIMLA.

Respectfully Sheweth:

1. That the applicant has filed the above petition praying for the quashing of FIR No.275

of 2018 dated 30.09.2018 registered at police station, Shimla West, District Shimla,

H.P., under Sections 354C and 506 of the Indian Penal Code, 1860, along with Police

Challan No.564/2018, titled as State of H.P. Vs. Amit, filed against Petitioner in the

aforementioned FIR and subsequent criminal proceedings arose pursuant to

aforementioned FIR and Police Challan. The petition may kindly be perused for the

disposal of this application.

2. That since the matter has been compromised between the parties, therefore, There is

every possibility of the present petition being allowed. In case further proceedings
 before the Learned Court below are not stayed the Learned Court below will proceed

with the matter and the very purpose of filing the present petition shall be defeated.

3. That in these circumstances the applicant humbly submits that further proceedings in

FIR No.275 of 2018 dated 30.09.2018 registered at police station, Shimla West,

District Shimla, H.P., under Sections 354C and 506 of the Indian Penal Code, 1860,

along with Police Challan No.564/2018, titled as State of H.P. Vs. Amit, filed against

Petitioner in the aforementioned FIR and subsequent criminal proceedings arose

pursuant to aforementioned FIR and Police Challan, may kindly be stayed in the

interest of justice. This will cause no prejudice to any party.

It is, therefore respectfully prayed that the present application may

kindly be allowed, further proceedings in FIR No.275 of 2018 dated

30.09.2018 registered at police station, Shimla West, District Shimla, H.P.,

under Sections 354C and 506 of the Indian Penal Code, 1860, along with

Police Challan No.564/2018, titled as State of H.P. Vs. Amit, filed against

Petitioner in the aforementioned FIR and subsequent criminal proceedings

arose pursuant to aforementioned FIR and Police Challan, may kindly be

stayed, in the interest of justice, during the pendency of the present petition.

Any other order or direction, which this Hon’ble Court deems just and

proper in the facts and circumstances of the case may also be passed in favour

of the applicant/petitioner and against the non-applicants/respondents.

PLACE:SHIMLA
PETITIONER
DATED:
 THROUGH COUNSELS

(SANJEEV K THAKUR & RAJINDER GULATI)

ADVOCATES

IN THE HON’BLE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

CrMP No._____ OF 2019

IN
CrMMO NO._____ OF 2019

In the matter of:

Amit
APPLICANT/PETITIONER
Versus
 State of Himachal Pradesh and Others
NON-APPLICANTS/RESPONDENTS

Affidavit in support of accompanying application

I, Amit, aged about 27 years, S/o Dhani Ram, Permanent Resident of Village Palivani, P.O.

Behali, Police Station, Colony Sunder Nagar, Distt. Mandi, H.P., Occupation: Unemployed, do

hereby solemnly affirm and declare that I am conversant with the facts of the case and that the

accompanying application has been drafted at my instance and under my instructions and that

the contents of paras 1 to 3 of the same are true and correct to the best of my personal

knowledge and belief.

I further solemnly affirm and verify that this affidavit is true, no part of it is false

and nothing material has been concealed therein.

Verified and signed at _____ this_______ day of October, 2019.

Deponent

PLACE:SHIMLA
PETITIONER
DATED:

THROUGH COUNSELS

(SANJEEV K THAKUR & RAJINDER GULATI)

ADVOCATES
 Annexxure P-3

DEED OF COMPROMISE
This deed of compromise has been made on
this…………………day of October, 2019 at Shimla, Distt.
Shimla (H.P.) between Sohan Lal S/o Purushotam,
Permanent Resident of VPO Haripur, Tehsil Manali,
Distt. Kullu, H.P.(hereinafter referred to as the first
party) and Gitanshi D/o Dineshwar Thakur, Permanent
Resident of VPO Karjan, Tehsil Manali, Distt. Kullu,
H.P.(hereinafter referred to as second party) and Amit
S/o Dhani Ram, Permanent Resident of Village Palivani,
P.O. Behali, Police Station, Colony Sunder Nagar,
Distt. Mandi, H.P.(hereinafter referred to as the third
party).

WHEREAS the first party is the complainant in Police

Challan No.564/2018, titled as State of H.P. Vs. Amit,
arising out of FIR No.275/2018 dated 30/09/2018,
registered under Sections 354C & 506 of the Indian Penal
Code, 1860, in Police Station Shimla West, which is
pending adjudication before the Learned Judicial
Magistrate, Court, No.6, Shimla, H.P.,(The next date of
hearing is 27/11/2019 and the case has been listed for
Prosecution Evidence) and the second party is the victim
of the alleged crime & third party is the accused.

WHEREAS now the first party & second party with

their own free will and consent and without any force,
pressure or undue influence from anybody, have settled
the dispute and in order to maintain relation cordial
with the third party, they do not want to pursue the
aforementioned case against the third party.

Now in witnesseth whereof all the three parties have

hereto set their respective hands to this Deed of

compromise on this ………… day of October, 2019.

Witnesses:

1. First Party

2. Second Party

3. Third Party