ASHOK KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present petition is maintained by the petitioners under Sec. 482 of the Code of Criminal Procedure (hereinafter to be called as "the Code") for quashing of F.I.R No. 257 of 2016, dated 15.9.2016, under Sections 452, 147, 148, 149, 323, 325, 504 and 201 of the Indian Penal Code, registered at Police Station, Haroli, District Una, H.P and also for quashing the order of charge passed by the Court of learned Principal Magistrate Juvenile Justice Board, Una, in Case No.10 of 2017, titled State of H.P vs. Mohit and anr; under Sections 452, 147, 148, 149, 323 of the Indian Penal Code.

(2.) Briefly stating the facts, giving rise to the present petition are that respondent No.2-complainant, resident of Village Malluwal, Post Office, Polian Beet, Tehsil and Police Station, Haroli, District Una, alleging therein that on 14.9.2016, at about 8:30/9:00 p.m, Shyam Lal son of Shri Baldev Chand, was beaten up by his aunt, namely, Smt. Namaskari Devi and on indulgence, respondent No.2 saved his aunt, when he was going to sleep after having meals with his family, at that time, petitioners, having sticks in their hands suddenly came to his courtyard and without any reason started giving beatings to him, his father as well his mother and wife. On hearing their hue and cry, Namaskari Devi and Tilak Raj, tried to save them from the clutches of petitioners, but they (petitioners-accused persons) started beatings with dandas and gave fist blows and received injuries. On the basis of which, respondent No.2 reported the matter to the police and FIR was registered. Now, the parties have entered into a compromise, vide Compromise Deed, Annexure P-2, and 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, vide Compromise Deed (Annexure P-2), no purpose will be served by keeping the proceedings against the petitioners and the FIR/Challan, may be quashed and set aside.