OM DUTT Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant petition filed under S.482 CrPC, prayer has been made on behalf of the petitioners for quashing of FIR No. 44, dtd. 28/5/2012, under Ss. 323, 147, 447, 149 and 501 IPC registered at Police Station Talai, District Bilaspur and consequent proceedings pending before learned Judicial Magistrate First Class, Jhandutta, District Bilaspur, on the basis of compromise annexure P-2, whereby parties have resolved to settle the dispute inter se them amicably.

(2.) Averments contained in the petition, which is duly supported by an affidavit and documents annexed therewith reveal that the FIR sought to be quashed in the instant proceedings came to be lodged at the behest of Smt. Minakshi, respondent No.2/complainant, (hereinafter, 'complainant'), who alleged that while she was Pradhan, Gram Panchayat Naghyar, she had started work of construction of road to the house of Onkar Chand from the main road Maruda. She alleged that when on 28/5/2012, at 5.30 pm, she alongwith her husband, Hem Raj and Ward Member, Manoj Kumar, visited the spot, petitioners namely Om Dutt, Geeta Devi, Sharoti Devi and Vimla Devi, who were present on the spot, started hurling abuses at her as well as respondents Nos. 3 and 4. Complainant alleged that the persons named in FIR also started pushing her, as a consequence of which, she suffered injuries. On the basis of aforesaid complaint, FIR in question was registered against the petitioners. Though, the police after having completed investigation, presented Challan in the competent court of law, but before same could taken to its logical end, parties entered into compromise whereby respondent Nos. 2 to 4 and petitioners have resolved to settle the dispute inter se them amicably and as such, petitioners have approached this court for quashing of FIR and consequent proceedings.

(3.) Vide order dtd. 15/6/2022, this court while directing learned Assistant Advocate General to ascertain correctness of compromise entered into between the parties, also deemed it necessary cause of respondents Nos. 2 to 4, so that their statements with regard to compromise arrived inter se them and the petitioners, are recorded.