Hawa Singh and Others vs Bishamber Dayal

Satish Kumar Mittal, J.—The petitioners have filed this petition u/s 482 of the Code of Criminal Procedure for quashing of complaint filed by the respondent and the summoning order dated 27.03.2006 u/s 3(ix) and (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, passed by the Court of Judicial Magistrate 1st Class, Mahendergarh.

The respondent filed the aforesaid complaint oh 05.08.2000. Wherein vide order dated 27.03.2006. the petitioners have been summoned to face trial under the aforesaid sections. Both the parties are employees of the Haryana Roadways, Narnaul Depot. Narnaul, District Mahendergarh. On 13.05.2006, with the intervention of other employees of the department, a compromise was effected between the parties, which was reduced into writing and has been placed on record as Annexure P5. It has been stated in the compromise that there were temperamental differences between complainant and the accused, due to which the complainant had filed the aforesaid complaint. The complainant further agreed to withdraw the complaint and has specifically stated that he has compromised the matter without any pressure.

I have heard counsel for the parties.

In view of the fact that both the parties who are serving in the same department have compromised the matter and the complainant does not want to pursue the complaint, I am of the opinion that it will be in the interest of justice as well as in the interest of both the parties, if the complaint as well as the summoning order are quashed.

Accordingly, the instant petition is allowed and the complaint filed by the respondent as well as the summoning order dated 27.3.2006 u/s 3(ix) and (x) of the Scheduled Classes and Scheduled Tribes (Prevention of Atrocities) Act, passed by the Court of Judicial Magistrate 1st Class, Mahendergarh, are quashed.