2025:HHC:5924 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 8821 of 2023 Decided on: 12.03.2025 Gurdutt .…Petitioner Versus State of Himachal Pradesh and others …Respondents Coram The Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 For the petitioner : Mr. Lovneesh S. Thakur, Advocate. For the respondents : Mr. Pushpender Jaswal, Addl. AG with Mr. Rajat Chauhan, Law Officer for respondents No. 1 to 5. : Mr. Naresh K. Verma, Advocate for respondent No. 6. : Ms. Reena Thakur, Advocate for respondent No. 7. : Mr. Surinder Saklani, Advocate for respondent No. 8. Ajay Mohan Goel, Judge (Oral) By way of this writ petition, the petitioner has primarily prayed for the following reliefs:- “1. That the record/case file of FIR No.201, dated 28.8.2011 under Sections 341 and 323 of the Indian Penal Code registered at Police Station Balh, District Mandi, Himachal Pradesh may kindly be traced and after tracing the same, submit the same to competent court of law, for its speedy adjudication in a time bound manner. 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:5924 2. That the respondents may kindly be directed to drop the proceedings in FIR No.201, dated 28.8.2011 registered at Police Station Balh, District Mandi, Himachal Pradesh under Sections 341 and 323 of the Indian Penal Code due to in-ordinate delay.” 2. When the case was taken up on 07.03.2025, this Court directed the petitioner as well as respondent No. 8, as whose behest the FIR in issue was lodged, to remain present in person in the Court to explore the possibility of some amicable settlement. The court had made this observation for the reason that the grievance raised by the petitioner is that an FIR stood against him under Section 341, 323 and 506 of the Indian Penal Code, as far back as on 28.08.2011 which till date was not taken to its logical conclusion for the reason that the same was not traceable. 3. A perusal of the reply filed by respondents No. 1, 3 and 5 to the writ petition demonstrates that upon completion of investigation, a charge-sheet was prepared and a copy of challan was sent to then Gram Panchayat Ner, Tehsil Balh, by the Police on 06.09.2011 vide Road Certificate 106 of 2011 as Sr. No. 0065452. The same was received by the Secretary of the Gram Panchayat in terms of the receipt appended with the reply as Annexure R-1, however, since then, no 3 record/verdict was received from the said Gram Panchayat regarding the decision/ disposal thereof. It is further evident from the reply of said respondents that later on Gram Panchayat Ner was converted into Nagar Parishad, Ner Chowk and probably on this account because of mix-up of the files etc., that said file till date is untraceable. 4. In light of the sections under which the FIR was lodged, the Court had desired presence of the parties so that if possible the matter could be amicably settled between them because as per the petitioner, on account of said FIR, he was being denied issuance of Passport etc. 5. Today, respondent No. 8 Shri. Dinesh Kumar, on whose behalf the FIR was lodged, is present in person in the Court. He has been duly identified by his Counsel Mr. Surinder Saklani, Advocate. Shri Dinesh Kumar has stated in the open Court that he has no objection, in case, the FIR in issue is quashed by this Court in exercise of its extraordinary jurisdiction in light of the fact that the matter stands settled between him and the present petition. His statement to his effect has also been recorded separately. 6. In light of said development and taking into consideration the background under which the FIR was 4 lodged, this Court invokes its extraordinary jurisdiction under Article 226 of the Constitution of India, in the larger interest, and hereby quashes FIR No. 201/2011, dated 28.08.2011, under Sections 341, 323 and 506 of the Indian Penal Code was registered at Police Station Balh, District Mandi, H.P. so also the subsequent criminal proceedings which have been initiated pursuant to the filing of the challan. The petition stands disposed of in above terms, so also pending miscellaneous application(s), if any. (Ajay Mohan Goel) March 12, 2025 Judge (narender)