Bharat Singh And Ors vs State Of H.P. And Anr
2023 Latest Caselaw 5681 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                                  Cr.MMO No. : 324 of 2023
                                                  Decided on : 11.05.2023




                                                                     .

     Bharat Singh and Ors.                                       ....Petitioners.

                                           Versus





     State of H.P. and Anr.                                      ...Respondents.

     Coram

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





     Whether approved for reporting?1

     For the petitioners         :         Ms. Kiran Dhiman, Advocate.

     For the respondents         :         Mr. Raj Kumar Negi, Additional
                  r                        Advocate General.

     Satyen Vaidya, Judge (Oral)

By way of this petition, a prayer has

been made for quashing of FIR No. 307/2020, dated

15.08.2020, registered at Police Station

Sundernagar, District Mandi, H.P., under Sections

341, 323, 325, 504, 506 read with Section 34 of the

Indian Penal Code and consequent criminal

proceedings arising therefrom, on the ground that

the parties have compromised the matter.

2. It is averred in the petition that on

29.03.2023 compromise has been arrived at between

1 Whether reporters of the local papers may be allowed to see the judgment?

the parties. After such compromise all disputes inter

se them have been resolved and they have decided to

.

live in peace in future.

3. Petitioners No. 3 and 4 are complainant and

victim respectively are present in the Court today. Their

statements have been recorded on oath. In their

statements, they have specifically stated that they and

petitioners No. 1 and 2 (accused) belonged to the same

family. The dispute had arisen as a result of serious

misunderstanding. Since, they belong to the same

family, they wanted to put an end to all disputes with

intention to live in peace and harmony in future and

for this purpose alone the compromise has been

effected. Now, the matter stands compromised and in

view of such compromise, they do not intend to further

prosecute the petitioners No. 1 and 2. They have also

verified the contents of compromise, Annexure P-2 and

have identified their signatures thereon.

4. Perusal of FIR No. 307/2020 reveals that

on the basis of allegations contained therein a case

under Sections 341, 323, 325, 504, 506 read with

Section 34 of the Indian Penal Code was registered

against petitioners. The allegations contained therein

had overtones of serious misunderstanding. Now,

.

better sense has prevailed upon parties and they have

settled all their pending disputes. As a necessary

consequence, the dispute arising out of the aforesaid

FIR has also been compromised. Parties are closely

related to each other. Since, they have now decided to

live in peace, it will be in the interest of justice to allow

the prayer made in the petition so as to enable them to

have harmonious relations in future, which otherwise

is also the ultimate object of every civilized society.

5. In light of above discussion, the instant

petition is allowed. FIR No. 307/2020, dated

15.08.2020, registered at Police Station Sundernagar,

District Mandi, H.P., under Sections 341, 323, 325,

504, 506 read with Section 34 of the Indian Penal Code

and consequent criminal proceedings, are ordered to

be quashed.

6. Pending miscellaneous application(s), if any,

shall also stand disposed of.

                                                   (Satyen Vaidya)
    11th May, 2023                                    Judge
         (sushma)