RAKESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present petition is maintained by the petitioner under Sec. 482 of the Code of Criminal Procedure (hereinafter to be called as "the Code") for quashing of F.I.R No.92 of 2016, dtd. 2/6/2016 under Ss. 452, 354, 323 read with sec. 34 of the Indian Penal Code, registered at Police Station Theog, District Shimla, H.P.

(2.) Briefly stating the facts, giving rise to the present petition, as per the prosecution story, are that respondent No.2 made a complaint before the police alleging therein that on 2/6/2016 around 8:00 a.m, petitioners (accused persons) forcibly entered into her house, when she was present alongwith her son. After entering into her house, petitioners started manhandling with the complainant and have also tried to outrage her modesty by assaulting or using criminal force against her. When, respondent No.2 tried to save herself, they have given beatings to her. Pursuant thereto, statement of respondent No.2 came to the Police Station for lodging FIR against the petitioners. Now, the parties have entered into a compromise, vide Compromise Deed (Annexure P-2) dtd. 26/8/2021, stating therein that she does not want to pursue the case against the petitioners. Hence, the present petition.

(3.) Learned counsel for the petitioners has argued that as the parties have compromised the matter, no purpose will be served by keeping the proceedings against the petitioners and the FIR/Challan, may be quashed and set aside.