Vinod Kumar vs State Of H.P. And Others
2023 Latest Caselaw 436 HP

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Cr.MMO No. 931 of 2022 Reserved on: 05.01.2023 Decided on: 07.01.2023 _______________________________________________________________

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           Vinod Kumar                                                      ......Petitioner
                                                       Versus
           State of H.P. and others                                        ......Respondents





           Coram

The Hon'ble Mr. Justice Satyen Vaidya, Judge.

Whether approved for reporting?1 Yes For the petitioner: Mr. Anuj Gupta, Advocate.

For the respondents: Mr. Manoj Chauhan and Mr. r Varun Chandel, Additional

Advocate Generals, for respondent No.1.

Mr. Prikshit Sharma, Advocate, vice Mr. Vipin Pandit, Advocate,

for respondents No. 2 and 3.

Satyen Vaidya, Judge.

By way of instant petition, a prayer has been

made to quash FIR No.133 of 2015, dated 20.8.2015,

registered at Police Station Sadar, Solan, District Solan,

H.P. under Sections 406 and 420 of IPC and consequent

criminal proceedings arising therefrom.

Whether the reporters of Local Papers may be allowed to see the judgment? Yes.

2. It is averred in the petition that late

Sh. Jaskaran Bir Singh, predecessor-in-interest of

respondents No. 2 and 3 had lodged an FIR No. 133 of

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2015 against the petitioner at Police Station Sadar, Solan,

H.P. After investigation, the challan was presented and the

case is pending before learned Judicial Magistrate 1st

Class, Court No.1, Solan as Criminal Case No. 105 of

2016.

3. The FIR in question was an offshoot of a civil

dispute between late Sh. Jaskaran Bir Singh and

petitioner with respect to performance of an agreement to

sell executed between them. A civil suit No. 73 of 2018 had

also been filed arising out of the subject matter of the

aforesaid agreement. Sh. Jaskaran Bir Singh died during

the pendency of civil suit. After his death, respondents No.

2 and 3 as also the son of late Sh. Jaskaran Bir Singh,

named Jasnoor Sandhu have settled all the disputes with

the petitioner and compromise deed has been executed, a

copy of which has been placed on record as Annexure

P-3. On the basis of aforesaid compromise, FIR No. 133 of

2015 and consequent criminal proceedings arising

therefrom are sought to be quashed.

4. On 20.12.2022, respondent No.2 and petitioner

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were present in the Court and their separate statements

were recorded on oath. Both of them verified the factum of

having arrived at a mutual settlement. They further

verified the terms of compromise deed, Annexure P-3.

5. On 05.01.2023, respondent No.3 Ms. Hargun

Sandhu and Jasnoor Sandhu, son of late Sh. Jaskaran Bir

Singh also presented themselves before the Court and

made a statement on oath to the effect that their all

disputes with petitioner have been settled and now they

have no objection in case the FIR No. 133 of 2015 and

consequent criminal proceedings arising therefrom are

quashed.

6. I have gone through the terms of the

compromise, Annexure P-3. There is nothing in the said

compromise which can be said to be unlawful.

7. The parties have come-forward to put an end to

long standing dispute inter se them. It is admitted by both

the sides that the dispute had arisen in respect of the

performance of an agreement to sell executed between the

petitioner and late Sh. Jaskaran Bir Singh. The FIR in

question was also an offshoot arising from the civil dispute

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between the parties. Thus, the nature of dispute between

the parties was more or less private in nature and had no

repercussions whatsoever on the interest of the society at

large.

8. To maintain peace and harmony, is the

objective of every civilized society. Every step in such

direction should be welcomed. In the instant case also, the

parties have settled the matter in order to live in peace and

harmony in future. Keeping in view the facts of the case,

no prejudice shall be caused to either of the parties or to

society at large, in case the prayer made in the petition is

granted.

9. Accordingly, the instant petition is allowed and

FIR No.133 of 2015, dated 20.8.2015, registered at Police

Station Sadar, Solan, District Solan, H.P. under Sections

406 and 420 of IPC and consequent criminal proceedings

arising therefrom i.e. Criminal Case No. 105 of 2016

pending before learned Judicial Magistrate 1st Class,

Court No.1, Solan, District Solan, H.P. are ordered to be

quashed in the interest of justice.

10. The petition stands disposed of in the aforesaid

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terms, so also the pending miscellaneous application(s), if

any.

    7th January, 2023                         (Satyen Vaidya)
           (GR)                                    Judge




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