NARESH KATOCH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present petition is maintained by the petitioner under Section 482 of the Code of Criminal Procedure (hereinafter to be called as "the Code") for quashing of F.I.R No. 210 of 2011, dated 5.6.2011, under Sections 354, 452 and 323 of the Indian Penal Code, registered at Police Station, Nurpur, District Kangra, H.P.

(2.) Briefly stating the facts, giving rise to the present petition are that on 5.6.2011, respondent No.2 came to Police Station alongwith sisters, namely, Babli Devi and Kamla Devi, alleging therein that they are raising house over the land of Partap Katoch (father of the petitioner). At about 6:00 p.m, respondent No.2 was at the house alongwith her sister Babli, Lakshmi and Dilmaya (grandmother). Respondent No.2 alongwith her sister were sleeping in the room, when the petitioner came there and started touching her breast, legs and private parts, on which, she woke up and asked the petitioner as to what he was doing. Her sister also woke up, the petitioner again started touching her breast and hug her, but again pushed her due to which, respondent No.2 sustained injury on her head, when her sister, Babli Devi, tried to rescue respondent No.2, the petitioner struck her with a stick (danda). 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-5), and they do not want to pursue the case against each other. Hence, the present petition.

(3.) Learned counsel for the petitioner has argued that as the parties have compromised the matter, vide Compromise Deed (Annexure P-5), no purpose will be served by keeping the proceedings against the petitioner and the FIR/Challan, may be quashed and set aside.