Mohan Singh VS State of Himachal Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

RAKESH KAINTHLA
Mohan Singh – Appellant
Versus
State of Himachal Pradesh – Respondent

Advocates:
Counsel for the Parties:
For the Petitioners:Mr. Ganesh Barowalia, Advocate
For the Respondent No.1-State:Mr. Lokender Kutlehria, Additional Advocate
For the Respondent No.2:Mr. Gambir Singh Chauhan Advocate

JUDGMENT

Rakesh Kainthla, J.—The petitioners have filed the present petition for quashing of F.I.R. No. 0070 of 2023, dated 17.10.2023, registered for the commission of offences punishable under Sections, 323, 504, 506 read with Section 34 of IPC at Police Station Shillai, District Sirmour, H.P. and consequential proceedings arising out of the F.I.R.

2. It has been asserted that the dispute between the parties has been settled with the intervention of the local people. No fruitful purpose would be served by pursuing the consequent proceedings arising out of the F.I.R. The continuation of the proceedings would amount to an abuse of the process of the Court. There is no efficacious remedy except the present petition. Hence, it was prayed that the present petition be allowed and the F.I.R. and consequential proceedings arising thereto be ordered to be quashed.

3. All the offences mentioned in the F.I.R. are compoundable as per Section 320(1) of Cr. P.C. without the intervention of the Court. Hence, the parties were heard on the question of maintainability of the present petition before this Court.

4. Mr. Ganesh Barowalia, learned counsel for the petitioners relied upon para 48(d) of th