SATISH KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) By way of present petition filed under Sec. 528 of the BNSS, 2023, prayer has been made by the petitioner-accused (for short 'accused') for quashing of FIR No.0095 of 2022, dtd. 30/8/2022, under Ss. 504 and 506 of IPC and Ss. 3(1)(r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, registered at Police Station Dharampur, District Mandi, Himachal Pradesh, along with consequential proceedings pending in the competent Court of law, on the basis of compromise.

(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.2-Mr. Pritam Singh (hereinafter, 'complainant'), who alleged that on 29/8/2022, while he was doing work at the house of Mr. Kulwant Singh, accused came on the spot and started hurling abuses. He alleged that once he told accused that construction is of being raised by Kulwant Singh in his boundary, accused not only extended threats, but also made casteist remarks. In afore background, FIR, detailed hereinabove, came to be lodged against the petitioner.

(3.) Though after completion of investigation, Police has already presented Challan in the competent Court of law, but before same could be taken to its logical end, parties to the lis have decided to settle the dispute amicably inter se them by way of compromise placed on record and as such, petitioner has approached this Court in the instant proceedings, praying therein to quash and set aside the FIR as well as consequent proceedings pending before the competent Court of law.