SAHAB SINGH Vs. STATE OF H. P.

JUDGEMENT

(1.) The instant 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. 79/2013, dated 12.09.2013, under Sections 341, 354, 504, 506 and 34 of the Indian Penal Code (hereinafter to be called as "IPC"), registered at Police Station Tissa, District Chamba, 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 08.09.2013, around 5:30 P.M., when respondent No. 2 was going to throw cow-dung, suddenly, petitioner No. 1 came there, showed knife to her and tried to commit rape upon her. However, respondent No. 2 had managed to escape from him. After the said incident, respondent No. 2 was so scared that she could not disclose the incident to anyone, but, two to three days' later, when she came to know about the fact that the incident had come to the knowledge of the villagers, she mustered courage and narrated the entire incident to her mother. Thereafter, the parents of respondent No. 2 went to the house of the petitioners to discuss the matter, but, the petitioners abused the parents of respondent No. 2 and threatened them with dire consequences. Consequently, FIR No. 79/2013, dated 12.09.2013, under Sections 341, 354, 504, 506 and 34 of IPC, came to be registered against the petitioners. However, now the parties have compromised the matter, vide Affidavit (Annexure P-2) 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 petitioners has argued that as the parties have compromised the matter vide Affidavit (Annexure P-2), no purpose will be served by keeping the proceedings alive, hence, the FIR, alongwith consequent proceedings arising out of the same, pending before the learned trial Court, may be quashed and set aside.