MEENAKSHI Vs. STATE OF H.P.

JUDGEMENT

(1.) By way of instant petition filed under Sec. 482 of Code of Criminal Procedure, prayer has been made on behalf of petitioners for quashing of FIR No. 45 of 2021, dtd. 22/6/2021, under Sec. 3(1) (f) (g) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, registered at Police Station Gohar, District Mandi, H.P. as well as consequent proceedings, if any, pending adjudication in the competent court of law. Though at first instance, afore petition was instituted to quash the FIR, as detailed hereinabove, on the ground that no case much less under Sec. 3(1) (f) (g) of SC & ST Act is made out. However, subsequently during the pendency of present petition, this Court came to be apprised that parties have resolved to settle the dispute amicably inter se them and as such, prayer made on behalf of petitioners for quashing of FIR may be accepted on the basis of compromise, if any, arrived inter se parties, whereby they have resolved to settle their dispute amicably inter se them.

(2.) Precisely, the facts of the case, as emerge from the record are that FIR sought to be quashed in the instant proceedings came to be lodged at the behest of respondent No. 5 Mr. Avadh Singh (hereinafter to be referred to as 'complainant'), who alleged that land comprised in Khasra Nos. 288 and 292 situate at Mohal Chail was owned and possessed by him as well as other family members, but before partition inter se them could be effected, some of his relatives sold land to the petitioners, who after having purchased share of his relatives, attempted to encroach upon his land. Since complainant, who hails from Scheduled Caste category, alleged that his land has been encroached by the petitioners, who hail from upper caste, FIR, sought to be quashed, came to be instituted against them. Besides above, complainant had also filed civil suit in the Court of learned Civil Judge, Chachyot at Gohar, District Mandi, wherein accused named in the FIR i.e. petitioners herein were restrained from interfering in the possession of the complainant.

(3.) Being aggrieved and dissatisfied with order dtd. 5/10/2021 passed by learned Civil Judge, Chachyot at Gohar, District Mandi, petitioners herein filed Civil Appeal under Order 43 Rule 1 CPC in the Appellate Court. Before Appellate Court parties have entered into compromise, whereby they have resolved to settle their dispute amicably inter se them. After demarcation of the land, parties have been put in the possession of their specific share and as such, their dispute has come to an end. In the aforesaid background, prayer has been made on behalf of petitioners for quashing of FIR as well as consequent proceedings, if any, pending adjudication in the competent court of law on the basis of compromise arrived inter se parties.