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Vikas Bhardwaj And Others vs State Of Himachal Pradesh And … on 18 April, 2018

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CRMMO No. 420 of 2017

.
Decided on: 18.04.2018.

Vikas Bhardwaj and others ….Petitioners.
Versus

State of Himachal Pradesh and another …Respondents.
Coram
The Hon’ble Mr. Justice Ajay Mohan Goel, Judge.

Whether approved for reporting?1 No
For the petitioner : Mr. Nimish Gupta, Advocate.

For the respondents : Mr. Desh Raj Thakur, Addl. AG
r with Mr. Kamal Kant Chandel,
Dy. AG and Mr. Rajat Chauhan,

Law Officer for respondent No. 1.
: Mr. Atul Jhingan, Advocate
for respondent No. 2.
Ajay Mohan Goel, Judge (Oral)

By way of this petition filed under Section 482 of

the Code of Criminal Procedure, the petitioner has prayed for

the following relief:-

“It is, therefore, respectfully prayed that the petition may

very kindly be allowed and orders dated 24.5.2017 and
order dated 6.9.2017 passed by the learned Additional
Chief Judicial Magistrate, Amb, District Una, Himachal
Pradesh and complaint under Section 156(3) CrPC filed by
the respondent No. 2 and for quashing of FIR No. 168 of
2017, under Section 406 IPC, registered at Police Station,
Amb, District Una, Himachal Pradesh, may very kindly be

19/04/2018 23:21:17 :::HCHP
quashed and set aside, alongwith all consequential
proceedings arising out of aforesaid FIR/impugned orders.
Such other or further order(s), as may be deemed just and

.

proper by this Hon’ble Court, may also be passed in

favour of the petitioner.”

2. During the course of hearing of this case on

8.3.2018, this Court was apprised by learned Counsel for the

parties that the matter stands amicably settled between the

petitioners and the private respondent. Today, petitioner No.

1 and respondent No. 2, Ms. Pooja Chaudhary are present in

person in the Court. Ms. Pooja Chaudhary (respondent No. 2),

who has been duly identified by her Counsel, has filed an

affidavit today which is ordered to be taken on record, in

which, she has inter alia stated that the issue inter se the

petitioners and her stands settled and in fact, a decree of

dissolution of marriage, on a joint application so filed by her

and petitioner No. 1, has been passed by the Court of learned

Additional District Judge-(1), Una, HP. Her statement has

also been separately recorded wherein she has deposed that

she has no objection in case this petition is allowed and FIR

No. 168 of 2017 registered at her behest at Police Station

Amb, District Una and also other criminal proceedings

referred to in the petition as also orders dated 24.5.2017 and

19/04/2018 23:21:17 :::HCHP
6.9.2017 passed therein by the learned Addl. Chief Judicial

Magistrate, Amb, District Una are quashed and set aside.

.

3. 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 subsequent

criminal proceedings and impugned orders are quashed and

set aside.

4. Accordingly, taking into consideration the fact

matter stands amicably settled between the petitioners and

respondent No. 2, this petition is allowed and orders dated

24.5.2017 and 6.9.2017, impugned by way of this petition,

passed by learned Additional Chief Judicial Magistrate, Amb,

District Una, as also complaint under Section 156(3) of Cr.P.C

and FIR No. 168 of 2017, registered at Police Station, Amb,

District Una, are quashed and set aside. The affidavit and

statement of respondent No. 2 recorded in the Court today

shall form part and parcel of the judgment.

Petition is accordingly disposed of in above terms,

so also pending miscellaneous application(s), if any.

(Ajay Mohan Goel)
Judge
April 18, 2018
(narender)

19/04/2018 23:21:17 :::HCHP

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