AI Structured Summary
Not yet generated for this judgment
Judgment
Satyen Vaidya, J
The instant petition has been filed with a prayer to quash FIR No. 34/2020, dated 03.05.2020, under Sections 188, 336, 506, 34 IPC and Section 30 of Indian Arms Act, 1959, registered at Police Station, Darlaghat, Distt. Solan.
The case vide FIR No. 34/2020 was registered at the instance of respondent No. 2 and petitioner was arrayed as an accused therein. It is averred in the petition that the petitioner and respondent No. 2 are real brothers and with the passage of time, both of them have amicably settled their disputes and have entered into a compromise, a copy of which has been placed on record as Annexure P-2. The petitioner and respondent No. 2 are stated to have settled the matter with a purpose to live in peace. It is further submitted that in fact both of them have started living at the same place and have buried all their past disputes.
The petitioner and respondent No. 2 were present before this Court on 25.4.2023 and their statements on oath were recorded. Respondent No. 2 has categorically stated that the petitioner is his real brother and both of them are residing at the same place. The FIR in question was result of certain misunderstanding having arisen between the parties. Now, the dispute has been settled by them with the intervention of other family members. Both are now on talking terms and they intend to live in peace in future. On such settlement, respondent No. 2 has further stated that he is not interested in prosecuting the petitioner and has no objection in case FIR No. 34/2020 is quashed. Petitioner has also endorsed the statement made by respondent No. 2. He also verified the factum of amicable resolution to the entire dispute between both the brothers. The petitioner as well as respondent No. 2 have in their respective statements verified the contents of compromise Annexure P-2 and have also undertaken to abide by all its terms.
It is more than settle now that this Court with a purpose to prevent abuse of process of law, as also to secure interest of justice can quash the FIR involving offences, which otherwise are non-compoundable.
It is not disputed that petitioner and respondent No. 2 are closely related to each other and in fact are real brothers. It is a welcome step that both of them have buried their past disputes and have started residing together amicably. Their purpose is to maintain peace and harmony in future.
There is nothing on record to disbelieve the petitioner and respondent No. 2. They have made their respective statements on oath. Respondent No. 1 has also not been able to place on record any material to suggest that the petition is malafide.
The objective of every civilized society is to maintain peace and harmony amongst its subjects. In such view of the matter, there is no legal impediment in granting the prayer made in the petition. Accordingly, the petition is allowed. Consequently, FIR No. 34/2020, dated 03.05.2020, registered under Sections 188, 336, 506, 34 IPC and Section 30 of Indian Arms Act, 1959, at Police Station, Darlaghat, Distt. Solan alongwith all criminal proceedings arising therefrom are quashed.
Petition stands disposed of. Pending miscellaneous application(s), if any, shall also stand disposed of.