SANJEEV KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) Heard.

(2.) It is seen that initially a case was registered against the accused persons under Sections 341, 323, 147 and 149 of the Indian Penal Code, in Police Station Dehra, District Kangra, H.P., at the instance of complainant respondent No.2 Pritam Chand. However, during the course of investigation, a case under Sec. 325 of the Indian Penal Code was also found to be made out against them. Therefore, Challan Annexure P-1 was filed against them for the commission of offence punishable under Sections 341, 323, 325, 147149 of the Indian Penal Code. The criminal case registered as case No.94-II/13 is pending disposal in the Court of learned Additional Chief Judicial Magistrate, Dehra, District Kangra, H.P. The prosecution evidence is not yet recorded in the said case and the same according to learned counsel is now listed for the purpose on 30.12017. The offence punishable under Sections 341323 of the Indian Penal Code is compoundable under section 320(1) of the Code of Criminal Procedure, 1973. The offence punishable under Sec. 325 of the Indian Penal Code is also compoundable under section 320(2) of the Code of Criminal Procedure, 1973 with the permission of the Court. The offence punishable under Sections 147149 of the Indian Penal Code, however, is not compoundable, hence, this petition.

(3.) The accused-petitioners and respondent No.2 complainant have settled all disputes amicably and as a result thereof respondent No.2-complainant is now no more interested to prosecute the criminal case against the accused-petitioners. They have, thus, approached to this Court for quashing of FIR and also the pending criminal proceedings. Their statements to this effect have been recorded separately.