DHARAM PAL SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present petition is maintained by the petitioner under Sec. 482 of the Code of Criminal Procedure (hereinafter to be called as "the Code") for quashing of F.I.R No.96 of 2020, dtd. 24/4/2020, under Ss. 341, 323, 504, 506, 509 read with sec. 34 of the Indian Penal Code, registered at Police Station Shimla West, District Shimla, 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 made a written complaint to the police alleging therein that on 24/4/2020 around 4:45 p.m, she was talking to Professor Sarswati Devi on mobile phone outside her quarter, the petitioner pulled hairs from her back and by throwing her on the stairs, started beatings with legs and fist blows, as a result of which, respondent No.2 received injuries on her right arm and left leg. On hearing her cries, Smt. Kiran, Smt. Kanta Devi and Smt. Sneha, all residents of Shano Niwas, came on the spot and tried to save her from the petitioners. On the basis of the complaint given by the complainant, the instant FIR came to be lodged. 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. Hence, the present petition.

(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 petitioners and the FIR/Challan, may be quashed and set aside.