TILAK RAJ Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant petition filed under S.482 CrPC, prayer has been made on behalf of the petitioners-accused (hereinafter, "accused'), for quashing of FIR No. 3, dtd. 10/1/2016, under Ss. 353, 332, 452, 171F and 34 IPC registered at Police Station Khundiyan, District Kangra, Himachal Pradesh, alongwith consequential proceedings i.e. Case No. 94/2016, titled State Vs. Tilak Raj and others, pending before learned Judicial Magistrate First Class, Court No. (2), Dehra, District Kangra, Himachal Pradesh, on the basis of compromise, Annexure P-2.

(2.) Precisely, the facts of the case, as emerge from the record, are that FIR sought to be quashed in the instant proceedings came to be lodged at the behest of one Sushil Kumar, who has now expired alleging therein that on 10/1/2016, the accused, namely Tilak Raj, Lucky and Pankaj, who happen to be father and brothers of one Ms. Rasna, unauthorizedly entered the polling booth and gave beatings to the polling party. Ms. Rasna, who had come to polling station to cast her vote, also filed separate FIR bearing No. 04, dtd. 10/1/2016 under Ss. 509 and 354 IPC, at Police Station Khundian, alleging therein that respondents Nos. 2 and 3 in the present case, behaved indecently with her. When Ms. Rasna reported aforesaid incident to her family members, they in turn gave beatings to respondents Nos. 2 and 3, in the present case, as such, though, FIR sought to be quashed in the instant proceedings came to be instituted at the behest of said Sushil Kumar, against the accused, but since he has expired and respondents Nos. 2 and 3 have entered into compromise with the accused, accused have arrayed them as respondents in the present proceedings. After completion of investigation police presented challan in the competent court of law but before the same could be taken to its logical end, parties have resolved to settle the dispute inter se them amicably and as such, accused have approached this court in the instant proceedings, for quashing of FIR as well as consequential proceedings pending in the competent court of law.

(3.) Vide order dtd. 14/12/2021, Co-ordinate Bench of this court ordered listing of this case alongwith CrMMO No. 661 of 2021, having been filed by respondents Nos. 2 and 3 herein for quashing of FIR No. 4, dtd. 10/1/2016, having been instituted at the behest of Ms. Rasna, daughter and sister of the accused herein.