PRASHANT DHARMANI 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.145/2021, dtd. 17/7/2021, under Ss. 452, 323, 504, 506, 427 read with sec. 34 of the Indian Penal Code, registered at Police Station Boileauganj, 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/complainant made a complaint before the police alleging therein that on 16/7/2021, he alongwith his friend entered inside the rehabilitation centre, where he was working, as kitchen helper, after entering in the centre, the petitioner started using abusive language and misbehaving with him and was asking for one Aashish Sharma, who was admitted in the rehabilitation centre earlier. Respondent No.2 stated that Aashish Sharma, has gone to bring one patient and on this, all of sudden, petitioners took out a desi katta/pistol from his pocket and again started asking about Aashish Sharma. Thereafter, the petitioners thrown away the articles lying in the room and took out an amount of Rs.20,000.00, which were given to him by Aashish Sharma for the payment of rent and again threatened him with dire consequences. 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. 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 petitioner and the FIR/Challan, may be quashed and set aside.