SURAJ KATOCH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant petition, under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'Cr.PC') has been filed by petitioners, on the basis of compromise (Annexure P-2) arrived at between them and respondents No.2 and 3, for quashing of FIR No.0287 of 2016 dated 22.11.2016, registered at Police Station, Indora, District Kangra, H.P., under Sections 341, 324 and 323 read with Section 34 of the Indian Penal Code (herein after referred to as 'IPC') and subsequent proceedings arising thereto.

(2.) Suraj Katoch (petitioner No.1), Bhawani Katoch (petitioner No.2), Robin Sharma (respondent No.2) and Harvinder Whether reporters of the local papers may be allowed to see the judgment? Singh (respondent No.3) are present in person in the Court today, who have been identified by their respective learned counsel. Separate statements of petitioners and respondents No.2 and 3, on oath, have also been recorded today in the Court.

(3.) In his statement complainant Robin Sharma (respondent No.2) has stated that the incident had taken place on 22.11.2016 and petitioners-accused are residents of Village Kandrori, which is situated within the radius of 1 km from his Village and Harvinder Singh (respondent No.3) was also accompanying him on that day. He has stated that respondent No.3 was driving the motorcycle and at that time he was pillion rider and being residents of adjacent Village, after the incident, all of them (petitioners as well as we respondents) have met with each other number of times and after the incident, petitioners have apologized for the untoward incident and alongwith petitioners one another boy Kishan was also an assailant and against him proceedings were initiated in the Juvenile Justice Board, where he had admitted his guilt and was released on probation for a period of two years, on furnishing bonds by his guardian for his good behaviour and well being. He has further stated that he does not remember exactly how and in what manner the incident had taken place as three years have elapsed thereafter and petitioners have also repented for their act and petitioner No.1 Suraj Katoch is a well qualified youth and has completed his B-Tech and has been selected by Steel Enterprises Private Limited, Ferozabad, for job and now all of them are having cordial relations with each other and living in peace and harmony. He has further stated that considering entire facts and circumstances, they have decided to bury the past and therefore, they have entered into a compromise, which has been placed on record as Annexure P-2, which has been signed by him, respondent No.3 and also by petitioners Suraj Katoch and Bhawani Katoch in the presence of witnesses he has prayed for closing the proceedings. Lastly he has stated that he has signed the compromise and has deposed in this Court out of his free will, consent and without any external pressure, coercion or threat of any kind.