GAURAV AND ANR. Vs. STATE OF HP
LAWS(HPH)-2020-2-8
HIGH COURT OF HIMACHAL PRADESH
Decided on February 25,2020

Gaurav And Anr. Appellant
VERSUS
STATE OF HP Respondents




JUDGEMENT

- (1.)In the petition at hand, prayer has been made on behalf of the petitioner for quashing of FIR No. 115/2018 dated 30. 4. 2018, under Sections 379 and 34 of IPC, registered with Police Station Nalagarh, Tehsil Nalagarh, District Solan, H. P. , as well as consequent proceedings pending before the court below on the basis of compromise/amicable settlement arrived inter-se parties.
(2.)Averments contained in the petition, which is duly supported by an affidavit, reveal that FIR sought to be quashed in the instant proceedings came to be lodged at the behest of the respondent No. 2-complainant (herein after referred to as "the complainant"), who alleged that in the intervening night of 29/30. 4. 2018, the petitioners, who at that relevant time were working Whether reporters of the Local papers are allowed to see the judgment? with him in the factory namely "Amico Textile Nalagarh", stolen his motorbike. After completion of investigation, police presented challan in the court of learned Additional CJM Nalagarh District Solan and same is still pending adjudication. However, fact remains that before case initiated at the behest of the complainant could be taken to its logical end, parties to the lis have resolved to settle their dispute amicably inter-se them by way of compromise placed on record (Annexure P-2).
(3.)On 10. 1. 2020, this Court while issuing notices to the respondents deemed it necessary to cause presence of respondent No. 2-complainant so that factum with regard to correctness and genuineness of the compromise could be ascertained. This Court also directed the learned Additional Advocate General to verify the factum with regard to compromise.
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