AYUSH Vs. STATE OF HIMACHAL PRADESH AND ANOTHER

JUDGEMENT

(1.) The instant petition under Sec. 482 of the Code of Criminal Procedure (hereinafter referred to as 'Cr.PC') has been filed by petitioneraccused, for quashing FIR No. 210 of 2018, dated 14th Oct., 2018, registered under Sec. 452 of the Indian Penal Code (hereinafter referred to as 'IPC') and under Sec. 3 of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989, (hereinafter referred to as 'SC& ST Act') at Police Station Dhalli, District Shimla, H.P., on the basis of compromise arrived at between petitioneraccused and complainantrespondent No. 2.

(2.) Respondent No. 2complainant, Dr.Aman Thakur, present in person in Court, duly identified by counsel, in his statement, recorded on oath in this Court, has endorsed the compromise with petitioner-accused with free consent and will, without any coercion and pressure and has also deposed to the effect that the unfortunate incident had taken place on account of behaviour of the petitioner, under the influence of alcohol, for which, later on, petitioner had repented and had submitted written apology. But by that time, he had already lodged a complaint with the police, resulting into registration of F.I.R. No.210 of 2018 in Police Station, Dhalli. Further that he is an intern M.B.B.S., whereas the petitioner is student of 3rd year of Orthopaedics, in I.G.M.C., Shimla. Before the incident, he and petitioner were having cordial relations and now after the compromise, they are having good terms with each other. For peaceful and harmonious relations and also, that the petitioner has repentance for his behaviour, he intends to withdraw the present F.I.R. and does not want to continue with any criminal proceedings with respect to the incident against the petitioner.

(3.) The petitioner, in his statement on oath has also endorsed the statement made by respondent No.2/ complainant and submitted that alleged incident was not intentional but because of under the influence of liquor.