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2021 Supreme(HP) 334

CHANDER BHUSAN BAROWALIA
Akhil Sharma & Ors. – Appellant
Versus
State Of H P & Anr. – Respondent


Advocates appeared:
Inderjit Singh Narwal, Advocate, Adarsh Sharma, Advocate, P.K. Bhatti, Advocate, Yudhvir Singh Thakur, Advocate, Sanjeev Kumar Motta, Advocate

JUDGMENT

Chander Bhusan Barowalia, J. - The present petition, under Section 482 of the Code of Criminal Procedure (hereinafter to be called as "the Code"), has been maintained by the petitioners for quashing of F.I.R No. 103/2016, dated 23.08.2016, under Sections 341, 323, 504 and 34 of the Indian Penal Code (hereinafter to be called as "IPC"), registered at Police Station New Shimla, H.P., alongwith all consequent proceedings arising out of the said F.I.R., pending before the learned trial Court.

2. Briefly stating the facts, giving rise to the present petition are that on 23.08.2016, respondent No. 2 lodged a complaint against the petitioners, wherein it has been alleged that on 23.08.2016 when respondent No. 2 alongwith his friends was going to BCS, the petitioners who were in a Maruti car, overtook his car at Khalini and stopped him. Thereafter, the petitioners come out of the car and gave beatings to him, owing to which, he sustained injuries. The petitioners also hurled abuses to respondent No. 2. Consequently, F.I.R No. 103/2016, dated 23.08.2016, under Sections 341, 323, 504 and 34 of IPC, came to be registered against the petitioners. However, now the parties have entered in

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