KAPIL THAKUR Vs. STATE OF H.P.

JUDGEMENT

(1.) This petition has been filed with a prayer to quash FIR Annexure P-1 and also consequential proceedings pending disposal in the Court of Judicial Magistrate, 1st Class, Court No.2, Kasauli, District Solan. The complainant has also been impleaded as one of the parties, i.e. respondent No.2. The FIR and consequential proceedings have been sought to be quashed and set aside on the basis of compromise Annexure P-2.

(2.) The record reveals that initially the case was registered under Sections 452, 323, 504, 506 read with Section 34 IPC. However, during the course of investigation, the injury on the person of the complainant was found to be grievous in nature and as such, the offence punishable under Section 325 IPC was also added. On completion of the investigation, the police has filed Challan in the Court of learned Judicial Magistrate 1st Class, Court No.2, Kasauli, District Solan. The same is stated to be at the stage of consideration of charge.

(3.) It is seen that the offence, the accused-petitioners allegedly committed under Sections 323, 504 and 506 IPC is compoundable under Section 320(1) of the Code of Criminal Procedure. However, the offence punishable under Sections 325 and 452 IPC is not compoundable. It is for this reason, this petition has been filed for quashing the FIR and consequential criminal proceedings on the basis of compromise Annexure P-2 to this petition.