Soni Kumar And Others vs State Of H.P.

Ajay Mohan Goel, J

By way of this petition filed under Section 482 of the Code of Criminal Procedure, the following relief has been prayed for:-

“It is, therefore, most respectfully prayed that the present petition may kindly be allowed and the Proceeding pending before learned JMIC Kangra,

District Kangra, H.P. under Section 147, 149, 201, 323 and 504 of Indian Penal Code in Criminal Case No. 66-II/2015 titled as State of H.P. vs.

Subhash Chand arising out of FIR No. 49/2015 dated 28.04.2015 registered at Police Station Nagrota Bagwan, District Kangra, H.P, may kindly be

quashed and set aside, in the interest of justice and fair play.â€​

Brief facts necessary for the adjudication of the present petition are that on the basis of a complaint filed by petitioner Soni Kumar, an FIR stood

lodged against the petitioners No. 2 to 6 and a trial resulting out of the same is pending adjudication in the Court of learned Judicial Magistrate 1st

Class, Kangra, District Kangra, H.P.

Learned Counsel for the petitioner has drawn the attention of this Court to the compromise deed which has been appended with this petition, which

stands duly signed by the complainant as well as accused, whose signatures have been duly identified by the learned Counsel for the petitioners, who

is representing them. On the strength of this compromise having been entered between the parties, he submits that as the matter, which led to

registration of the FIR in question, has been amicably settled between the parties, it will be in the interest of justice, in case, this petition is allowed and

the FIR in issue as well as subsequent trial ensuing therefrom is ordered to be quashed and set aside.

I have heard learned Counsel for the parties and gone through the averments made in the petition as well as documents appended therewith.

A perusal of the record demonstrates that the parties are neighbours and the dispute, which led to registration of the FIR in issue, has been

amicably settled by them and they want to maintain good relations with each other and want to live in harmony with each other. It is also borne out

from the record that parties are related to each other.

Learned Additional Advocate General has also fairly submitted that keeping in view the sections under which the FIR was registered and further

the fact that parties happens to be neighbours as well as relatives, it will be in the interest of justice, in case, the issue is put at rest.

In view of the discussion held herein above, in my considered view, this is a fit case wherein this Court should exercise its powers under Sections

482 of the Code of Criminal Procedure to quash the FIR as well as subsequent criminal proceedings ensuing therefrom so that parties may be in a

position to live in peace and harmony on account of compromise so entered into between them. Accordingly, this petition is allowed and FIR No. 49 of

2015, dated 28.04.2015, registered under Sections 147, 201, 323 and 504 read with Section 149 of the Indian Penal Code, at Police Station Nagrota

Bagwan, District Kangra, H.P. as well as consequential criminal proceedings, i.e. Criminal Case No. 66-II/2015, titled as State of H.P. vs. Subhash

Chand, pending trial before the learned Judicial Magistrate 1st Class, Kangra, District Kangra, H.P. are quashed and set aside, taking into

consideration the compromise entered between the complainant and the accused. The compromise deed shall form part and parcel of the judgment.

Petition is accordingly disposed of in above terms, so also pending miscellaneous application(s), if any.