BEENA DEVI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant petition filed under Section 482 of the Code of Criminal Procedure, prayer has been made on behalf of the petitioners for quashing of FIR No.04/17, dated 7.3.2017, under Sections 451, 324, 323, 506 and 34 of Indian Penal Code ( for short 'IPC'), registered with Police Station, Panchrukhi, District 1Whether reporters of the Local papers are allowed to see the judgment?

(2.) Averments contained in the petition, which is duly supported by an affidavit, reveals that FIR sought to be quashed in the instant proceedings, came to be lodged at the behest of petitioner No.4/complainant, namely Sh. Uzzwal Kumar, who alleged that petitioners No.1 to 3 (hereinafter referred to as the accused) gave him as well as his family members (petitioners No.5 and 6) beatings, as a consequence of which, they all suffered simple as well as grievous injuries. After completion of the investigation, police presented the challan in the Court of learned Additional Chief Judicial Magistrate, Palampur and same is pending adjudication, however, fact remains that during the pendency of the case before the learned Court below petitioners No.1 to 3 have entered into the compromise with the petitioners No.4 to 6, whereby they all resolved to settle their dispute amicably inter se them, as is evident from Annexure P-?3. In view of the amicable settlement arrived inter se petitioners No.1 to 3(accused) and petitioners No. 4 to 6 ( complainant/victims), present petition has been filed jointly by the accused and the complainant/victims, praying therein to quash the FIR as well as consequent proceedings pending in the competent Court of law.

(3.) On 7.11.2019, this Court while issuing notice deemed it fit to cause presence of all the parties, especially petitioner No.4, at whose behest FIR sought to be quashed in the instant proceedings came to be lodged, so that genuineness and correctness of the compromise placed on record could be ascertained. Pursuant to aforesaid order dated 7.11.2019, petitioner No.1 as well as petitioner No.4(complainant) have come present. Complainant Uzzwal Kumar stated on oath before this Court that he of his own volition and without there being any external pressure has entered into the compromise (Annexure P-?3), whereby he alongwith petitioners No.5 and 6 have resolved to settle their dispute amicably with petitioners No. 1 to 3. He stated that since petitioners No.1 to 3 are his neighbours ,he alongwith other victims with a view to maintain cordial relation in future agreed to settle the dispute amicably and as such, he does not intend to prosecute the FIR as well as consequent proceedings initiated at his behest further. He stated that he shall have no objection in case FIR as well as consequent proceedings are ordered to be quashed and set aside. His statement is taken on record.