LAWS(HPH)-2022-2-7

SAURABH SHARMA Vs. STATE OF HIMACHAL PRADESH

Decided On February 23, 2022
SAURABH SHARMA Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

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. 166 of 2021, dtd. 10/8/2021, under Ss. 354­A and 34 of the Indian Penal Code (hereinafter to be called as "IPC"), registered at Police Station Boileauganj, District Shimla, H.P., alongwith all consequent proceedings arising out of the said F.I.R.

(2.) Briefly stated the facts, giving rise to the present petition are that on 10/8/2021, respondent No. 2/complainant, who is a student of L.L.B. fourth semester in Himachal Pradesh University, Shimla, made a complaint against the petitioners, wherein it has been alleged that today around 12:30 P.M., when she was talking to the students in connection with entrance examination at Arts Block, the petitioners, who are members of ABVP student organization, came there and started staring and taunting her. Even, after completion of entrance examination, when she went to take her meal at pink pattle, the petitioners were already there and passed comments on her and when she opposed, they misbehaved with her. Consequently, F.I.R No. 166 of 2021, dtd. 10/8/2021, under Ss. 354­A and 34 of IPC, came to be registered against the petitioners. However, now the parties have compromised the matter, vide Compromise Deed (Annexure P­2) and in order to maintain their relation 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 vide Compromise Deed (Annexure P­2), no purpose would be served by keeping the proceedings alive, therefore, the FIR, alongwith consequent proceedings arising out of the same, may be quashed and set aside.