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2019 Supreme(HP) 286

CHANDER BHUSAN BAROWALIA
Anita Thakur – Appellant
Versus
State Of Himachal Pradesh – Respondent


Advocates Appeared:
For the Appellant :Mr. B.C. Verma, Advocate.
For the Respondent:Mr. S.C. Sharma and Mr. Shiv Pal Manhans, Additional Advocate Generals with Mr. Raju Ram Rahi, Deputy Advocate General, Mr. Balwant Singh Thakur, Advocate.

JUDGMENT :

Chander Bhusan Barowalia, J.

1. The present petition is maintained by the petitioner under Section 482 of the Code of Criminal Procedure (hereinafter to be called as "the Code") for quashing of F.I.R No. 17/2017, dated 12.3.2017, under Section 4 (1) (r) (s) of the Scheduled Caste and Schedule Tribe (Prevention of Atrocities) Act, and Section 506, 323 read with section 34 of the Indian Penal Code, as well police report filed under Section 173 of the Code of Criminal Procedure, registered at Police Station, Ani, District Kullu, H.P.

2. Briefly stating the facts, giving rise to the present petition are that on 11.3.2017, Smt. Kamla Thakur, wife of Shri Parkash Chand, resident of Village Chanot, organized a party at her house, on account of her being elected as Ward Panch from Maroldal Ward. In that party, petitioners alongwith other villages were also present. When the party was going on at the house of Kamla Thakur, after eating food, certain persons started dancing, where respondents No.2 and 3 also joined them. After sometime, petitioners came there and started abusing them and saying racial remarks that they cannot dance there and gave beatings to them. Now, the parties ha

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