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2022 Supreme(HP) 123

CHANDER BHUSAN BAROWALIA
NAR SINGH SON OF SHRI JEETU – Appellant
Versus
STATE OF HIMACHAL PRADESH THROUGH ITS SECRETARY (HOME) TO THE GOVERNMENT OF HIMACHAL PRADESH, SHIMLA – Respondent


Advocate Appeared:
For the Appellant :MR. SURENDER K. SHARMA, ADVOCATE
For the Respondent:MR. BHUPINDER THAKUR AND MR. YUDHBIR SINGH THAKUR, DY. ADVOCATES GENERAL, MR. ASHOK KUMAR, ADVOCATE

ORDER :

The present petition is maintained by the petitioners under Section 482 of the Code of Criminal Procedure (hereinafter to be called as “the Code”) for quashing of F.I.R No.72 of 2020, dated 12.6.2020, under Sections 147, 430, 506 of the Indian Penal Code and Section 3 (1) (V) of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989, registered at Police Station Kihar, District Chamba, H.P. alongwith all consequential proceedings arising out of the said F.I.R., pending before the learned trial Court.

2. Briefly stated the facts, giving rise to the present petition, as per the prosecution story, are that respondent No.2/complainant made a written complaint to the police alleging therein that he has installed about 500 meters plastic water pipe from Habed Nallah for his domestic as well as agricultural use. As per the complainant, on 12.6.2020 petitioners removed the water pipe line of respondent No.2 without any reason and rhyme and made comments on his caste. On the basis of statement of the complainant, FIR in question was registered. Now, the parties have entered into a compromise, vide Compromise Deed (Annexure P-2) stating therein that the complainant

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