SIVO DEVI Vs. STATE OF H.P.

JUDGEMENT

(1.) By way of instant petition, petitioners have prayed for quashing of FIR No. 94 of 2007 dtd. 27/3/2007, registered at Police Station, Nurpur, District Kangra, H.P. under Ss. 147, 148, 149, 324, 506 of IPC and Ss. 25, 27, 54 and 59 of Arms Act along with all consequential proceedings, even though, such proceedings have culminated in conviction of petitioners and they are in appeal before the learned Appellate Court.

(2.) It is submitted that the petitioner and private respondents are closely related to each other. On 27/3/2007, an altercation took place between both sides as a consequence of some misunderstandings. There was no pre-meditation and everything had taken place at the spur of the moment. Both the sides submitted their respective versions to the police by way of complaints. FIR No. 93 of 2007 was registered against respondents No. 2 to 12 under Ss. 147, 148, 149, 323, 324, 325 and 452 of IPC. On investigation, challan was filed against respondents No. 2 to 12, however, they were acquitted by learned Additional Chief Judicial Magistrate, Nurpur vide judgment dtd. 18/3/2016. An appeal came to be preferred under Sec. 378 Cr.P.C. against the judgment of acquittal, passed in favour of respondents No. 2 to 12 at the instance of the petitioners, which now stands withdrawn before Lok Adalat on 10/9/2021.

(3.) FIR No. 94 of 2007 was registered against the petitioners under Ss. 147, 148, 149, 324, 506 of IPC and Ss. 25, 27, 54 and 59 of the Arms Act. After trial, petitioners were convicted and sentenced in Criminal Case No. 9-II/2008 by learned Additional Chief Judicial Magistrate, Nurpur on 18/3/2016. They have been sentenced to undergo simple imprisonment for three years and to pay fine of Rs.3000.00 each.