Ashok Alias Pankaj And Another Vs State Of H.P. And Others

High Court Of Himachal Pradesh 21 Nov 2022 CR.MMO No. 976 Of 2022 (2022) 11 SHI CK 0034
Bench: Single Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

CR.MMO No. 976 Of 2022

Hon'ble Bench

Satyen Vaidya, J

Advocates

R.L. Chaudhary, Narender Thakur, Ashwani Kaundal

Final Decision

Disposed Of

Acts Referred
  • Indian Penal Code, 1860 - Section 34, 323, 341, 451, 504, 506
  • Scheduled Caste And Scheduled Tribe (Prevention Of Atrocities) Act, 1989 - Section 3(2)

Judgement Text

Translate:

Satyen Vaidya, J

1. By way of instant petition, a prayer has been made to quash FIR No. 115/2021 dated 12.07.2021, registered at Police Station Sadar, Hamirpur,

District Hamirpur, H.P. under Sections 451, 341, 323, 504, 506 read with Section 34 of IPC and Section 3 (2) of the Scheduled Castes and Scheduled

Tribes (Prevention of Atrocities) Act and consequent criminal proceedings pending before learned Special Judge, Hamirpur, District Hamirpur, H.P.

2. It is averred in the petition that the occurrence had taken place due to sudden provocation between the parties and as the parties are residents of

same Tehsil and were known to each other since long, they have entered into a compromise to put an end to their dispute. The terms of the

compromise have been reduced into writing vide Annexure P-3. The parties have decided to live in peace in future. On such averment, a prayer has

been made to quash the aforesaid FIR and consequent criminal proceedings.

3. On notice, respondent No.4/complainant appeared before this Court on 07.11.2022. His statement was recorded on oath. Respondent

No.4/complainant stated that he had entered into a compromise with the petitioners. He further stated that the parties to dispute belonged to the same

area and with the intervention of elders, the compromise has been arrived at. In view of such compromise, he did not want to carry the litigation

further and wanted to maintain the peace with the petitioners. He further stated that in view of the compromise, he had no objection in case the FIR

No.115/2021, dated 12.07.2021, registered at Police Station Sadar, Hamirpur, District Hamirpur, H.P. under Sections 451, 341, 323, 504, 506 read with

Section 34 of IPC and Section 3 (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and consequent criminal

proceedings were quashed.

4. A joint statement of petitioners was also recorded on the same day. Both of them endorsed the contents of the statement made by respondent

No.4/ complainant. They undertook to abide by the compromise, Annexure P-3.

5. Perusal of the compromise deed, Annexure P-3, reveals that the terms thereof cannot be said to be unlawful.

6. The object of every civilized society and legal system maintained by it, is to ultimately secure peace and harmony. No purpose can ever be achieved

by allowing the people to fight on issues which are not so serious as to have far reaching effects on the society as a whole.

7. In the instant case, the offences were under Sections 451, 341, 323, 504, 506 read with Section 34 of IPC and Section 3 (2) of the Scheduled

Castes and Scheduled Tribes (Prevention of Atrocities) Act. The injury caused by the alleged acts of petitioners was personal to respondent

No.4/complainant. It cannot be said that the decision of the case either way would have harmed the interest of the society as a whole. In any case, it

was a private dispute between the parties.

8. The motive behind compromise between the parties is to put an end to the past disputes. Noticeably, the petitioners and respondent No.4 belong to

the same area. It is stated that they were having long standing acquaintance with each other. They now intend to resume their old acquaintance and

good relations by resolving to the amicable settlement. Keeping in view the interest of justice, there appears to be no impediment in grant of prayer

made in the petition. Even otherwise, in view of the stand now taken by the complainant/respondent No.4, there are hardly any chances of success of

prosecution case.

9. Keeping in view the entirety of the facts and circumstances, this petition is allowed. FIR No.115/2021, dated 12.07.2021, registered at Police Station

Sadar, Hamirpur, District Hamirpur, H.P. under Sections 451, 341, 323, 504, 506 read with Section 34 of IPC and Section

3 (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and consequent criminal proceedings pending before learned

Special Judge, Hamirpur, District Hamirpur, H.P., against the petitioners, are ordered to be quashed.

10. The petition stands disposed of in the aforesaid terms, so also the pending miscellaneous application(s), if any.

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