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Judgment
Anoop Chitkara, J
On 12.12.2013, the complainant, respondent No.2 herein, informed the above mentioned police that that after the school time was over, he was
standing outside the gate. At that time, three boys, namely, Amandeep A-1, Akshat Sharma A-2 and Anil Kumar came there and said that why was
he abusing them. After that they caught hold of him and gave beatings and also inflicted incised wound by something, which appeared to be knife. Due
to which, blood started oozing out of the injuries. Based on this information, the police registered the FIR mentioned above. Injured was taken to
hospital for medical examination, where the doctor opined the injury to be inflected by a sharp edged weapon. After that, the police completed the
investigation and filed the charge-sheet against two persons Amandeep and Akshat Sharma.
After that on 31.12.2013, Officer-in-charge of the aforesaid police station launched prosecution by filing report under Section 173 Cr.P.C, in the
concerned Court.
However, a day prior to that i.e. 30.12.2013, the accused persons and the complainant entered into a written compromise, which is Annexure P-2
and forms part of the record. As per this compromise, scuffle had taken place due to misunderstanding, but the same was compromised. It was also
mentioned that on account of compromise, the complainant will withdraw the complaint.
Seeking quashing of the said FIR, both the accused have come up before this Court under Section 482 of Cr.P.C
On 26.6.2021, the complainant appeared before this Court and made statement on oath that aforesaid FIR be quashed. The said statement forms
part of the record. On the same day, even the accused persons made statement assuring not to intimidate, threat or give beatings to the complainant.
The parties had compromised the matter on 30.12.2013, in which they have decided to live in peace and harmony. After a gap of eight years, the
complainant made statement on oath 26.06.2021, and did not complain of any intimidation, threat or has any issue with the accused. Apart from that,
even the accused persons again made a statement on oath and assured not to intimidate, threat or give beatings to the complainant.
Given the nature of offence and the fact that at that time, the accused persons were also very young boys, there is no justification to continue with
the criminal proceedings, which would only hamper the career of the accused persons. Resultantly, the present petition is allowed and FIR No.263 of
2013, dated 12.12.2013, registered under Sections 341, 323, 324 read with Section 34 of IPC, in Police Station Nalagarh, District Solan, is quashed and
consequent proceedings also closed.
The petition is allowed.