Shishpal And Others vs State Of Ut And Another

Avneesh Jhingan, J

The matter is taken up for hearing through video conference due to COVID-19 situation.

These two petitions are filed under Section 482 of Cr.P.C for quashing FIR Nos. 160 and 161 dated 21st July, 2020 registered under Sections 323, 341, 506 and 34 of the Indian Penal Code, 1860 at Police Station Mauli Jagran, Chandigarh and all subsequent proceedings arising therefrom.

The FIR No.160 was at the instance of Shishpal. It was alleged that on 20th July, 2020 at about 9.00 PM there was scuffle between his brother and Rahul for `1200/-. It was alleged that Rahul was carrying an axe and his younger brother Mahesh a knife, they attacked the complainant and his brother.

FIR No. 161 was at the instance of Rahul. It was alleged that while he was standing outside his house Shishpal, his brother Nek Chand and his nephew came and demanded `1200 which was given as loan. As a result, there was a fight, the accused armed with dandas, iron rod and sharp edged weapon inflicted multiple injuries to him and his brother.

The parties have entered into compromise and the deed dated 13th August, 2020 is annexed with the petition.

This Court vide order dated 27th August, 2020 directed the parties to appear before the Illaqa Magistrate/trial Court to get their statements recorded and status report was sought.

In pursuance thereof, the Judicial Magistrate Ist Class, Chandigarh has submitted a report dated 23rd September, 2020. The relevant portion of the report is quoted below:-

"Under reference to the said passed by their Lordship the statements of parties namely Shish Pal, Nek Ram @ Nak Ram and Binder @ Ravinder (accused) and Rahul (complainant) have been recorded (FIR No. 161 of 2020) and report is as follow:-

"1. There were only three persons who were arrayed as accused namely Shish Pal, Nek Ram @ Nak Ram and Binder @ Ravinder, Complainant Rahul suffered statement Voluntarily that he has no objection if present FIR be quashed;

There is no proclaimed offender yet declared in the present case;

Compromise has been effected between parties voluntarily and without any coercion or undue influence. That has been so observed after recording their statements in court as well as after their examination in person."

Since the parties have arrived at a compromise and have decided to live in peace, no useful purpose would be served in allowing the criminal proceedings to continue. The ends of justice would be met by exercising powers vested with this Court under Section 482 of the Code of Criminal Procedure, 1973.

Both the petitions are allowed and FIR Nos. 160 and 161 dated 21st July, 2020 registered at Police Station Mauli Jagran, Chandigarh and all subsequent proceedings arising therefrom, are ordered to be quashed qua the petitioners.