MOHD. AFRIDI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) In the instant petition, the petitioners seek quashing of the charge-sheet dtd. 1/8/2017, summoning order dtd. 29/1/2018, under Ss. 323, 504, 354 IPC and Ss. 3(1)(r)(s)(w)(i)(ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, "SC/ST Act") in Special Sessions Trial No.08 of 2018, State vs. Mohd. Afridi and others, by the Court of District and Sessions Judge, Haridwar (for short, "the case"), as well as the entire proceedings of the case on the basis of amicable settlement between the parties.

(2.) Heard learned counsel for the parties and perused the record.

(3.) The case is based on an FIR, lodged by the respondent no.2, against the petitioners and others under Ss. 323, 504, 354 IPC and Ss. 3(1)(r)(s)(w)(i)(ii) of the SC/ST Act. According to it, in the evening of 11/5/2017, at 05:00 PM, when the informant and her sister were going to answer the call of the nature, the petitioners, who were on the motorcycle hit the informant from behind and when opposed, they started beating the informant and abused her with caste coloured remarks. It is this FIR in which, after investigation, charge-sheet has been submitted and proceedings of the case was instituted.