PRADEEP KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) Instant petition has been moved under Sec. 482 of the Code of Criminal Procedure for quashing of FIR No.26/2021 dtd. 6/6/2021, registered under Ss. 341, 323, 504, 506, 188, 269, 270 and 34 of the Indian Penal Code at Police Station Kasauli, District Solan, H.P. as well as for setting aside consequent judicial proceedings pending before the Court of learned Judicial Magistrate 1st Class, Kasauli, District Solan in Case No. 3/2 of 2021 (State Vs. Pradeep and others). Aforesaid prayers have been made on the strength of a compromise alleged to have been executed between private parties.

(2.) FIR in question was got registered on the basis of complaint made by respondent No.3. The gist of the complaint was that a scuffle had taken place between her and the accused persons about use of water from a handpump. The complainant also alleged that the accused persons had used derogatory words against her, accordingly, Sec. 3(1)(r) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, was also inserted in the FIR, however, later as per the statement made by complainant/respondent No.3 under Sec. 164 Cr.P.C., the aforesaid Sec. was removed.

(3.) A compromise deed dtd. 18/1/2023, executed between the petitioners and respondent No.3 (complainant), has been placed on record as Annexure P-1. This compromise deed 18/1/2023 has been affirmed by all the private parties viz the petitioners and respondent No.4 (complainant), who attended today's hearing in person and have been identified by their respective learned counsel. In their separate statements recorded on oath today, the parties have reiterated the averments made in the said compromise and also identified their signatures thereupon. The accused persons as well as the complainant stated that compromise was executed by them out of their own free will and without any coercion. The complainant/respondent No.3 has specifically stated that she has no objection for quashing of the FIR and for setting aside the judicial proceedings arising from it. Accordingly, the petitioners have prayed for quashing of FIR in question and for setting aside resultant judicial proceedings.