ROHIT KUMAR Vs. STATE OF H.P.
LAWS(HPH)-2021-3-12
HIGH COURT OF HIMACHAL PRADESH
Decided on March 19,2021

ROHIT KUMAR Appellant
VERSUS
STATE OF H.P. Respondents

JUDGEMENT

CHANDER BHUSAN BAROWALIA, J. - (1.) The instant petition, under Section 482 of the Code of Criminal Procedure (hereinafter to be called as "the Code"), has been maintained by the petitioners for quashing of F.I.R No. 360, dated 26.09.2020, under Sections 324, 323, 504 and 34 of the Indian Penal Code (hereinafter to be called as "IPC"), registered at Police Station Sadar-Una, District Una, H.P., alongwith all consequent proceedings arising out of the said F.I.R., pending before the learned trial Court.
(2.) Briefly stating the facts, giving rise to the present petition are that on 26.09.2020, the complainant (respondent No. 2 herein) made a complaint to the police, wherein it has been alleged that the accused persons are his brothers and he is living separately from them, but on one pretext or the other his brothers keep harassing his family and today they made allegations against his wife that she took their 700/- Rupees. As per the complainant, the petitioners also abused his wife and when he reached at the spot and asked what is going on, the petitioners attacked him with "Darat", owing to which, he sustained injuries. On the complaint of complainant, F.I.R No. 360, dated 26.09.2020, under Sections 324, 323, 504 and 34 of IPC, came to be registered against the petitioners. However, now the parties have compromised the matter and in order to maintain their relations cordial, they do not want to pursue the case against each other. Hence, the present petition.
(3.) Ms. Leena Guleria, 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 alive, hence, the FIR, alongwith consequent proceedings arising out of the same, pending before the learned trial Court, may be quashed and set aside.;


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