(1.) The instant petition is constituted, before, this Court, under, the provisions of 482 of the Code of Criminal Procedure, wherein the petitioners seek relief(s) for quashing of F.I.R registered at Police Station Sadar Shimla and also seek relief for quashing of consequent thereto proceedings, pending, before the Court of the learned Judicial Magistrate, Shimla.
(2.) The Complainant, one, Mohan Lal instituted a complaint against the accused, petitioners herein ascribing therein vis-a-vis (a) one Promod Sood incriminatory roles of his hurling vituperative(s) upon him (b) His holding him by his neck (c) of, upon Mohan Lal making, an effort to free himself, from, the clutches of accused Promod Sood, thereafter accused Gourav Sood, Shashi Sood and the wife of Promod Sood arriving at the site of occurrence AND, thereupon theirs belabouring him, with kick and fist blow(s). (d) of, accused Gaurav Sood wielding a wooden stick and with user thereof, his inflicting a blow on the chest of Mohan Lal also his meteing threats, of eliminating him.
(3.) In sequel, to, his being belaboured by all the accused, the aforesaid complainant Mohan Lal, discloses, in the complaint (i) of his falling on the road AND his raising hues and cries hence begetting the presence of one Satya Devi and others at the site of occurrence, with whose efforts, his being evacuated, from, the clutches of the accused. He has also made a narration in the complaint, of, the daughter of Promod Sood, namely, one Rupali Sood clicking photographs with her cell phone camera.