ARNAV SHARMA Vs. STATE OF H.P.

JUDGEMENT

(1.) By way of instant petition filed under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, prayer has been made on behalf of the petitioner for quashing of FIR No. 59 of 2024, dtd. 16/2/2024, under Ss. 341, 323, 201 of IPC and Ss. 3 (1)(r ) and 3(1)(s) of Scheduled Castes and Scheduled Tribes(Prevention of Atrocities) Act, registered at police Station, Sundernagar, District Mandi, H.P., as well as consequent proceedings pending adjudication in the competent Court of law, on the basis of the compromise arrived inter se parties (Annexure P-3), whereby both the parties have resolved to settle their dispute amicably interse 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.4, Dikshit, who is minor and is being represented by his father Sh. Naresh Kumar (hereinafter referred to as the complainant). Aforesaid respondent/ complainant alleged that on 16/2/2024, at 3.00 PM, while he was going towards Sukhdev Vatika, petitioner herein hurled abuses and also passed casteist remarks against him. He alleged that though aforesaid abuses and casteist remarks were ignored by him, but after some time, petitioner gave blow of danda on his head, as a result thereof, he suffered serious injury. On the basis of aforesaid complaint made by the complainant, named hereinabove, FIR sought to be quashed in the instant proceedings, came to be lodged against the petitioner. Though, after completion of the investigation, police has presented the challan in the competent Court of law, but before same could be taken to its logical end, parties have entered into compromise, whereby they resolved to settle their dispute amicably interse them. In the aforesaid background, petitioner has approached this Court in the instant proceedings for quashing of the FIR as well as consequent proceedings pending in the competent court of law.

(3.) Pursuant to order dtd. 15/7/2024, respondent-State has filed status report under the signatures of SHO, Sundernagar, District Mandi, Himachal Pradesh, wherein factum with regard to compromise arrived interse parties has been duly acknowledged. Alongwith aforesaid status report, police also annexed statements made by the parties, whereby they have categorically admitted factum of their having compromised the matter with each other.