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Judgment
Petitioner herein seeks quashing of FIR No. 0172/2022 dated 04.03.2022, registered at Police Station Civil Lines, for commission of offences under Sections 341/323/506 IPC, along with all consequential proceedings arising therefrom, on the basis of compromise arrived at between the parties.
Apparently, as per the bare allegations, it seems to be a case of road-rage. Complainant, a senior citizen, was driving Innova Car when all of sudden, accused (petitioner herein) came on a bullet motorcycle and parked his motorcycle in front of the abovesaid car. He abused the complainant and then gave him a fist blow on his face and left while threatening him.
It was in the face of abovesaid allegations made by the complainant, the FIR was registered for commission of said offences.
Charge-sheet has already been filed and the charges have also been framed for offences under Sections 341/323/506 IPC.
Fact, however, remains that when the complainant entered into witness box though he reiterated the allegations but also deposed that he wanted to compromise the matter.
It was in the abovesaid backdrop that the present petition has been filed seeking quashing of the FIR.
Respondent No.2 who is, reportedly, away to Jaipur has joined the proceedings through video conferencing and submits that since the petitioner has apologized, he does not want any further action against him.
He submits that he has filed an affidavit to the abovesaid effect and that with the intervention of elders, well-wishers and other friends, he has, voluntarily, agreed to quash the FIR as he is left with no grievance in the matter. He, therefore, submits that he would have no objection if the present FIR is quashed.
During course of the hearing also, petitioner apologized to respondent No. 2.
Offence under Section 323 IPC is compoundable in nature and even offence under Section 506 part 1 can be compounded.
In view of the settlement arrived at between the parties, continuing with criminal proceedings would serve no useful purpose. In any case, even the complainant does not wish to press any charges against the petitioner and further proceedings would rather result in hostility between the parties, defeating the very purpose of their settlement.
Accordingly, exercising inherent powers vested in this Court under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, it is deemed appropriate to quash the instant FIR.
Consequently, to secure the ends of justice, FIR No. 0172/2022 dated 04.03.2022, registered at Police Station Civil Lines for commission of offences under Sections 341/323/506 IPC, along with all consequential proceedings arising therefrom, quashed subject to petitioner depositing cost of Rs. 20,000/- with the concerned District Legal Services Authority (DLSA) within four weeks from today and, thereafter, within further four weeks, the petitioner would ensure that the original affidavits, the copies of which have been placed here, are submitted before the learned Trial Court.
The petition stands disposed of in aforesaid terms.