RAJESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present petition, under Sec. 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. 160/2018, dtd. 5/7/2018, under Ss. 451, 323, 506 and 34 of the Indian Penal Code (hereinafter to be called as "IPC"), registered at Police Station Sarkaghat, District Mandi, H.P., alongwith consequent proceedings arising out of the said FIR, pending before the learned trial Court.

(2.) Briefly stated the facts, giving rise to the present petition are on 20/6/2018, during the wee hours, respondent No.2/complainant alongwith his family members, including his younger brother (respondent No. 3) was sleeping inside his house. At about 11:30 p.m., suddenly the petitioners, under the influence of alcohol started calling the complainant and his family members by bad names from the roof of their house. Thereafter, the petitioners trespassed the property of the complainant and entered into their gallery. The complainant alongwith his wife came outside of his room and asked the petitioners to stop calling them by bad names and to go away. However, instead of going away, the petitioners started giving beatings to the complainant, due to which he sustained injuries. The petitioners also tried to enter the room of respondent No. 3, younger brother of the complainant, however, when he came outside, the petitioners fled the spot. Consequently, F.I.R No. 160/2018, dtd. 5/7/2018, under Ss. 451, 323, 506 and 34 of IPC, came to be registered against the petitioners. However, now the parties have settled their dispute amicably vide Compromise Deed (Annexure P-2) and in order to maintain their relations cordial, they do not want to continue with the present case. Hence, the present petition.

(3.) Learned Counsel for the petitioners has argued that as the parties have compromised the matter, no purpose would be served by keeping the proceedings alive, therefore, the FIR, alongwith consequent proceedings arising out of the same, pending before the learned trial Court may be quashed and set aside.