Naveen Kumar And Others vs State Of Himachal Pradesh And Others

Satyen Vaidya, J

By way of instant petition, a prayer has been made to quash the proceedings of Complaint No.13/2017, titled as Narotam Singh Vs. Naveen Kumar & others, pending before learned Special Judge, Mandi, for offences under Sections 341, 323, 147 & 149 of the Indian Penal Code, Section 3 of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 2015 and Section 7 of the Protection of Civil Rights Act.

It has been submitted that the petitioners and respondent No.3 have amicably comprised the subject matter of the dispute. They hail from the same area and have decided to live peacefully after burying all their past disputes. Parties have also recorded the terms of the compromise, vide Annexure P-3.

Parties are present in the Court today and their statements have been recorded, whereby all the petitioners as well as respondent No. 3, have reiterated that they have entered into a compromise voluntarily with a view to have peaceful life in future.

Learned Special Judge, on the complaint of respondent No.3, has taken cognizance for offences under Section 3 of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 2015, Section 7 of the Protection of Civil Rights Act and Sections 341, 323, 147 & 149 of the Indian Penal Code, on the basis of the allegations levelled in the complaint filed by respondent No. 3. Contents of the complaint, Annexure P-1, reveal that respondent No.3 was aggrieved against the assault allegedly made on him by the petitioners. Petitioners also allegedly called respondent No.3 by name of his caste. Thus, the allegations are purely private in nature. Since, the parties have entered into a compromise and have decided to live peacefully in future, no fruitful purpose shall be served by prolonging the life of litigation and it will be in the interest of justice, in case the prayer made in the petition is allowed.

Accordingly, the instant petition is allowed and proceedings of Complaint No.13/2017, titled as Narotam Singh Vs. Naveen Kumar and others pending before learned Special Judge, Mandi for offences under Sections 341, 323, 147 and 149 of the I.P.C.,Section 3 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2015 and Section 7 of Protection of Civil Rights Act, are ordered to be quashed.

Pending miscellaneous application(s), if any, shall also stands disposed of.