MUKESH KUMAR 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.198 of 2017 dtd. 25/11/2017, under Ss. 353, 332 read with sec. 34 of the Indian Penal Code, registered at Police Station Rampur Bushehar 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 complaint before the police alleging therein that on 25/11/2017 around 6:00 a.m, he was driving the bus bearing registration No.HP06A-6171 enroute Rampur to Nankhari via Thanadhar, while petitioner No.2 was driving his own car and petitioner No.1 was with him in the car. Petitioner No.2 suddenly stopped car and started argument in a rude manner with respondent No.2. The petitioners came on the bonnet of the bus tried push respondent No.2 out of the bus started scuffling with him and gave beatings with fists. 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.