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Judgment
Anoop Chitkara, J
On 14.5.2011, the above mentioned Police Station received a telephonic information that a scuffle had taken place with a Driver at Bakharighat
Lagat. On receipt of this information, the police team reached at the spot. On reaching the spot, Dinesh Kumar, second respondent herein, informed
the police that he is a Driver and has his own truck. On the night of 14.5.2011 at around 12:15 midnight, he was carrying cement from Cement Plant,
Barmana and was leading towards Vehli Kullu and when his vehicle reached at Bakharighat, then he noticed one Maruti car parked on the road. 3-4
persons alighted from the said car and started beating him. Out of those persons he knew one whose name was Rahul, petitioner No.3 (A - 3). Dinesh
Kumar further informed the police that he has received various injuries due to fist, kick and Danda blows. He also told that the assailants have also
taken away his mobile phone, purse containing Rs.12,340/ - and a gold ring. Based on this information, the police arraigned the following persons as
accused:-
(i) Subhash Chand (A-1)
(ii) Pawan Kumar (A-2)
(iii) Mahinder Kumar (A-3)
(iv) Rahul (A-4)
(v) Dev Raj (A-5)
After completion of investigation, Incharge of the concerned Police Station launched the prosecution and filed report under Section 173 Cr.PC
against five persons.
Vide order dated 19.6.2019, learned Chief Judicial Magistrate, Bilaspur framed the charges under Sections 341, 147, 148, 323, 382 all read with
Section 149 of the IPC, to which the accused did not plead guilty and claimed to be tried.
Vide Compromise Deed dated 20.9.2019 (Annexure P-3), the accused and the victim entered into a written compromise between them. As per this
compromise, the complainant agreed to withdraw the complaint filed at his instance.
Vide the present petition under Section 482 Cr.PC, the petitioners have come up before this Court, seeking quashing of aforesaid FIR, charge
sheets as well as consequent proceedings. The complainant has been arraigned as respondent No.2 in the present petition. On 26.3.2021, the
complainant appeared before this Court and made a statement on oath that he has compromised the entire matter with the accused and he has no
objection in case the present case FIR and consequential proceedings are quashed.
REASONING
The incident had taken place on 14.5.2011, that is more than a decade ago. Way back on 20.9.2019, the accused and the complainant had
compromised the matter. On 26.3.2021, when the complainant put in appearance before this Court and made a statement on oath, he did not say that
after compromise the accused had threatened him or had put him under any kind of pressure. This shows that the accused are living with peace and
harmony with the complainant. The rule of law means, law with equity and justice, also with a view to reform the society. In this case, the parties
have themselves resorted to peace and living in harmony.
Given above, there is no reason and justification to continue the criminal proceedings and consequently this petition is allowed and FIR No.87 of
2011 dated 14.5.2011, registered under Sections 147, 148, 323, 341 and 382 all read with Section 149 of the Indian Penal Code at Police Station,
Barmana, Bilaspur is quashed. Since the FIR is quashed, all the consequential proceedings are also quashed and set aside. The bail bonds are
accordingly cancelled and discharged.
Pending application(s), if any, are also disposed of.