LAWS(HPH)-2021-7-22

AKHIL SHARMA Vs. STATE OF H. P.

Decided On July 08, 2021
Akhil Sharma Appellant
V/S
STATE OF H. P. Respondents

JUDGEMENT

(1.) The present petition, under Section 482 of the Code of Criminal Procedure (hereinafter to be called as "the Code"), has been maintained by the petitioners for quashing of F.I.R No. 103/2016, dated 23.08.2016, under Sections 341, 323, 504 and 34 of the Indian Penal Code (hereinafter to be called as "IPC"), registered at Police Station New Shimla, H.P., alongwith all consequent proceedings arising out of the said F.I.R., pending before the learned trial Court.

(2.) Briefly stating the facts, giving rise to the present petition are that on 23.08.2016, respondent No. 2 lodged a complaint against the petitioners, wherein it has been alleged that on 23.08.2016 when respondent No. 2 alongwith his friends was going to BCS, the petitioners who were in a Maruti car, overtook his car at Khalini and stopped him. Thereafter, the petitioners come out of the car and gave beatings to him, owing to which, he sustained injuries. The petitioners also hurled abuses to respondent No. 2. Consequently, F.I.R No. 103/2016, dated 23.08.2016, under Sections 341, 323, 504 and 34 of IPC, came to be registered against the petitioners. However, now the parties have entered into a compromise (Annexure P-1) and in order to maintain their relations cordial, they do not want to pursue the case against each other. Hence the present petition.

(3.) Learned counsel for the petitioner has argued that as the parties have compromised the matter, vide Compromise Deed (Annexure P-1) , no purpose will be served by keeping the proceedings alive, hence the FIR, alongwith all consequent proceedings, arising out of the same, pending before the learned trial Court may be quashed and set aside.