SUKHDEV SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present petition is maintained by the petitioners under Sec. 482 of the Code of Criminal Procedure (hereinafter to be called as "the Code") for quashing of F.I.R No.26/2022, dtd. 7/2/2022, under Ss. 323, 325 read with sec. 34 of the Indian Penal Code, registered at Police Station Jawali, District Kangra, H.P. alongwith all consequential proceedings arising out of the said F.I.R., pending before the learned trial Court.

(2.) Briefly stated the facts, giving rise to the present petition, as per the prosecution story, are that respondent No.4/complainant made a complaint before the police alleging therein that on 1/2/2022 around 10:00 a.m. petitioners No.1 to 5 started construction work of their new house, while petitioner No.6 being a driver of the tractor was providing the construction material to them. Respondent No.4 built a temporary wooden gate, so that stray animals could not be entered into his land. He had informed the petitioners to close the gate, but they did not pay any intention to close the wooden gate. Thereafter, respondent No.4 stopped the tractor of petitioner No.6 and told him to close the wooden gate after unloaded the construction material. However, the petitioners started hurling, abuses and used filthy language to respondent No.4 and his family members. On the basis of statement of the complainant, FIR in question was registered. Now, the parties have entered into a compromise, vide Compromise deed (Annexure P-2) stating therein that the complainant 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 petitioner and the FIR/Challan, may be quashed and set aside.