SOHAIL SHEIKH Vs. STATE OF J & K

JUDGEMENT

(1.) Notice. Mr. Rajesh Thappa, GA waives notice on behalf of respondent No.1 and Mr. Waseem Akram, Advocate for respondent No.2.

(2.) It is contended that the respondent No.2 is the resident of Grah Morh Reasi. He had gone for agricultural work and after completing the said work at about 6 pm was returning to his house via Trinta on his motorcycle and he made a phone call to his father, in the meantime three persons came there from the opposite direction on a Scooty and intercepted his way. He was slapped by Sahil resident of Jerah at present Jyotipuram and another boy, namely, Aman Singh S/O Narayan Singh brought out a sharp edged weapon Toka and ran behind the respondent No.2. Due to fear, the respondent No.2 went into a shop at Trinta where some people were already present, who protected him from the accused persons. On the basis of the complaint made by the respondent No.2, an FIR was registered at Police Station, Reasi. During the investigation of FIR, the petitioners and respondent no.2 started sorting out the matter between them and ultimately the petitioners and the respondent No.2 reached into amicable outside Court settlement and compromised the matter between them. The said mutual understanding has also been reduced into writing in the form of Compromise Deed, copy whereof is annexed with the petition. In the said Compromise Deed, the respondent No.2 has agreed with the petitioners that he does not want to press the above referred FIR any further in order to maintain good relation with the petitioners. Hence, this petition seeking quashment of the FIR on the basis of Compromise Deed on the following grounds:

(3.) In view of the above, learned counsel for the petitioners seeks quashment of FIR No.136/2019 dated 02.07.2019 registered by Police Station, Reasi under Sections 341/323/34 RPC read with Section 4/25 Arms Act on account of outside Court settlement and compromise entered into by the petitioners and the respondent No.2; with a further prayer for discharging/acquitting the petitioners from the proceedings in the aforesaid FIR, to which course other side has no objection.