STATE OF H.P. Vs. JAGDEV KATOCH
HIGH COURT OF HIMACHAL PRADESH
Joginder Singh and Others
STATE OF H P
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Anoop Chitkara, J. -
(1.)The accused (petitioners no. 1 & 2 herein), after compromising the entire matter with the complainant (Petitioner no. 3, herein), have come up before this Court under Section 482 CrPC, by invoking inherent powers of this Court, seeking quashing of FIR No. 76 of 2018, dated Jun 10, 2018, under Sections 341, 323, 324, 506 read with 34 of the Indian Penal Code, in the file of Police Station Nadaun, Distt. Hamirpur, Himachal Pradesh, and all subsequent proceedings, given the compromise arrived at between them.
(2.)The present F.I.R. stands registered based on the information given by the complainant, Bilraj, who stands arraigned as the Petitioner no. 3., and Mr. K.R.Kashyap, Advocate, duly represents him.
(3.)The gist of the facts apposite to decide the present petition is as follows:
(a) The present FIR (Annexure P-1) was registered based on the information given by complainant Bil Raj. The complainant stated that he is a farmer and on Jun 10, 2018 he was working in his fields. At around 8.30 - 9.00 in the morning he had gone to do agriculture job in his field. Adjoining to his field Joginder Singh and Abhishek Kumar, petitioners No. 1 and 2 herein, had laid down a pipe to discharge water from their field and such discharge fell in the field of the complainant. On this the complainant told accused Joginder Singh and Abhishek Kumar that they had wrongly placed their discharge pipe and it would cause damage to his field. On this accused Abhishek Kumar hit him with a kara/bracelet on his head. Accused Joginder Singh also caught hold of him and after that Abhisket Kumar again him him with kara/bracelet on his nose, head and shoulder. On such information the police registered the aforesaid FIR.
(b) Now the complainant/injured has entered into an out of Court compromise with the accused. A copy of the said compromise has been placed on the record as Annexure P-3.
(c) The injured Dilraj had put in an appearance in Court and made statement on oath that he has compromised the entire matter. The statement has been placed on record.
ANALYSIS AND REASONING:
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