LAWS(HPH)-2019-9-74

RAMAN KUMAR Vs. STATE OF H P

Decided On September 12, 2019
RAMAN KUMAR Appellant
V/S
STATE OF H P Respondents

JUDGEMENT

(1.) The present petition, under Section 482 of the Code of Criminal Procedure (hereinafter to be called as "the Code"), has been maintained by the petitioners for quashing of F.I.R No. 229/17, dated 17.09.2017, under Sections 452, 326, 307, 324, 323, 147, 148, 149, 504 and 506 of the Indian Penal Code, registered at Police Station Indora, District Kangra, H.P., alongwith all consequent proceedings arising out of the said F.I.R., pending before the learned trial Court.

(2.) Briefly stating the facts, giving rise to the present petition are that on 17.09.2017, some conversation took place between the daughter of the complainant and her husband over phone. Accordingly, petitioner No. 1 came to the house of the complainant alongwith petitioners No. 2 to 5 and started arguing with the wife of complainant (respondent No. 3). Suddenly, petitioner No. 2 attacked respondent No. 3 with sickle (drat) on her head, due to which, blood started oozing from her head and on seeing this, the petitioners ran away from the spot. On the complaint of complainant, FIR No. 229/2017, dated 17.09.2017, under Sections 452, 323, 147, 148 and 149 IPC was registered against the petitioner. After recording the statements of the witnesses and obtaining medical opinion of the Doctor, Sections 324, 326, 504, 506 and 307 IPC were further added in the FIR. However, now the parties have compromised the matter and in order to maintain their relations cordial, they do not want to pursue the case against each other. Hence, the present petition.

(3.) Learned Counsel for the petitioners has argued that as the parties have compromised the matter and respondents No. 2 and 3 have sworn in their affidavits, stating therein that they have no objections if the proceedings are dropped, no purpose will be served by keeping the proceedings alive, hence, the FIR, alongwith consequent proceedings arising out of the same, pending before the learned trial Court, may be quashed and set aside.