PRASHANT DHARMANI 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.61 of 2017 dtd. 8/3/2017, under Ss. 382, 440, 323, 504, 506 read with sec. 34 of the Indian Penal Code, registered at Police Station Ghumarwin, District Bilaspur, 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.2/complainant made a complaint before the police alleging therein that on 8/3/2017 around 8:00 p.m, he came to Ghumarwin, parked his car bearing registration No.HP23A-5454, went inside the restaurant, when he came outside the restaurant alongwith his two friends, namely, Raj Kumar Patial and Rimpu, petitioners came there near his car and forcibly opened the door of driver's side and pushed him out of the car, started gave beatings to him as well as used abusive language and also threatened him with dire consequences. 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.

(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.