MANOJ KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant petition, prayer has been made on behalf of the petitioner for quashing of FIR No. 0086, dtd. 25/8/2020, under Ss. 451 and 324 and 34 of IPC, registered with Police Station Gagret, District Una, H.P., as well as consequent proceedings, if any, pending before the court below, on the basis of compromise/amicable settlement arrived inter-se parties.

(2.) Averments contained in the petition, which is duly supported by an affidavit, reveal that FIR sought to be quashed in the instant proceedings came to be lodged at the behest of the respondent No.2, who alleged that on 25/8/2020, at 8:00pm, while he was present in his shop, present petitioners entered his shop unauthorizedly and started giving beatings to him as well as his friend Ravinder Pal, who was present in the shop. Complainant alleged that he as well as his friend Virender Pal suffered injuries. Though after completion of investigation, police presented challan in the competent court of law, but before same could be taken to its logical end, parties have entered into compromise, whereby they have resolved to settle their dispute amicably inter-se them. In the aforesaid background, all the petitioners have approached this Court for quashing of FIR as well as consequent proceedings pending in the competent court of law.

(3.) Pursuant to order dtd. 14/9/2022, respondent State has filed the status report issued under the signature of SHO PS Gagret, perusal whereof reveals that factum with regard to compromise, if any, arrived inter-se parties is not in the knowledge of the police. Respondent No.1 Shashi Pal, at whose instance FIR sought to be quashed came to be instituted, has also come present and is being represented by Mr. Rohit, Advocate. Mr. Shashi Pal, on oath states that he of his own volition and without there being any external pressure has entered into compromise, whereby both the parties have resolved to settle their dispute amicably. He states that since all the petitioners are well known to him coupled with the fact that they have already apologized for their misconduct and have undertaken not to repeat such act in future, he does not wish to prosecute the case further and shall have no objection in case prayer made by the petitioners for quashing of FIR is accepted. Respondent No. 2 while admitting the contents of the compromise also admits his signature on the same. Such statement made on oath is taken on record.