KARTAR SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) By way of instant petition filed under Section 482 of the Code of Criminal Procedure, prayer has been made on behalf of the petitioner for quashing of FIR No.42/2020, dated 9.2.2020, under Sections 341, 386 and 504 of Indian Penal Code ( for short 'IPC'), registered with Police Station, Balh (Ratti), District Mandi, H.P., as well as consequent proceedings pending in the competent Court of law, on the basis of the amicable settlement arrived inter se parties

(2.) Precisely, the facts of the case are that FIR, sought to be quashed in the instant proceedings, came to be lodged at the behest of respondent No.2, Sh. Prem Singh (hereinafter referred to as the complainant), who alleged that the petitioner unauthorizedly compelled him to take slip of the charges of Tipper Union, amounting to Rs.100/ and threatened that in the event of his not doing so, he would kill him with stone. Complainant also alleged that the petitioner not only restrained him but also slapped him. On the basis of aforesaid allegations, FIR, sought to be quashed in the instant proceedings, came to be lodged against the present petitioner. However, fact remains that before aforesaid FIR could be taken to its logical end, petitioner as well as complainant entered into compromise deed executed on 12th March, 2020( Annexure P2), perusal whereof reveals that both the parties with the intervention of respectable members of the society and to maintain friendly relation resolved to settle their dispute amicably inter se them. In the aforesaid background, petitioner approached this Court in the instant proceedings, praying therein for quashment of FIR as well as consequent proceedings.

(3.) On 8.6.2020, this Court having carefully perused the contents of compromise placed on record, deemed it necessary to verify the correctness and genuineness of the same. Though, Court would have summoned the complainant to this Court, but keeping in view the prevailing condition in the wake of Covid19, deemed it proper to direct SHO, police Station Balh (Ratti) District Mandi, to verify the factum with regard to compromise, if any, inter se the petitioner and respondent No.2/complainant. Vide order dated 8.6.2020, this Court also directed the aforesaid SHO to record the statement of complainant, if he has entered into the compromise and then place the same before this Court, enabling it to pass orders in the instant case.