AI Structured Summary
Not yet generated for this judgment
Judgment
Rakesh Kainthla, J
The present petition has been filed under Section 482 of Cr.P.C.for quashing the F.I.R. No. 0079 of 2022, dated 29.05.2022, registered at Police Station Manali, District Kullu, for the commission of offences punishable under Sections 341, 323, 324 and 504 of Indian Penal Code and all proceedings arising out of the said FIR based on compromise effected between the parties.
The informant and victim made the statements that they have entered into the compromise vide Annexure P-3. They stated that the matter was voluntarily compromised between them and without any coercion. In view of the compromise, they do not want to proceed further with the matter and they have prayed that they have no objection in case F.I.R. alongwith all consequential proceedings arising out of the same F.I.R. be quashed.
I have heard the learned counsel for the parties and gone through the record carefully.
Perusal of the F.I.R. shows that petitioner and informant had stayed in a Hotel Devlok, where they had scuffle. The petitioner attacked the informant and victim with a sharp edged weapon after the scuffle. These allegations clearly show that it was a private dispute between the parties, which had taken place all of a sudden during which injury was caused to the informant and victim. All the offences except the offence punishable under Section 324 of IPC are compoundable.
This Court had quashed the F.I.R. registered for the commission of offences punishable under Sections 324 of IPC in Rajkumar @ Raj @ Ors. vs. State of H.P. & another Latest HLJ 2022 (HP)(1) 759, Inderjeet Singh & others vs. State of H.P. & others 2022(2) Him.L.R. 1217, Braham Dass & Others Vs. State of H.P. & others, 2022(1) Him.L.R. 466 and Amir Hussain vs. State of H.P., 2022(1) 2022(1) Him.L.R. 195.
6 Therefore, in view of these precedents, the present petition is allowed and F.I.R. No. 0079 of 2022, dated 29.05.2022, registered at Police Station Manali, District Kullu, for the commission of offences punishable under Sections 341, 323, 324 and 504 of Indian Penal Code is quashed. Consequent to the quashing of FIR, criminal proceedings pending/initiated against the petitioner-accused in pursuance thereto, are also quashed.
Petition stands disposed of in the above terms, so also pending applications, if any.
Parties are permitted to produce a copy of this judgment, downloaded from the webpage of the High Court of Himachal Pradesh before the authorities concerned, and the said authorities shall not insist on the production of a certified copy but if required, may verify passing of the order from Website of the High Court.
