SATISH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant petitions filed under S.482 CrPC, prayer has been made on behalf of petitioners in both the cases for quashing FIR No. 0090 dtd. 25/10/2020 under Ss. 323, 147 and 149 IPC (CrMMO No. 403 of 2022) and FIR No. 91, dtd. 25/10/2020 under Ss. 323, 147, 149, 504, 506 IPC and S. 3(i)(r) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (CrMMO No. 441 of 2022), registered at Police Station Bangana, District Una and consequential proceedings pending before Judicial Magistrate First Class, Court No. III Una, and learned Special Judge, Una, Himachal Pradesh, on the basis of amicable settlement arrived inter se parties, whereby they have resolved to settle the dispute inter se them amicably.

(2.) Close scrutiny of averments made in the petitions, duly supported by affidavits clearly reveal that FIRs sought to be quashed in the instant proceedings came to be lodged at the behest of respondent No.2 in both the petitions, wherein allegations came to be leveled against each other that on the date of alleged incident, on account of boundary dispute some altercation took place inter se families of the parties and both the parties allegedly attacked each other with sharp edged weapons Respondent No.2 in CrMMO No. 441 of 2022 also alleged that the petitioners besides giving beatings to him also made casteist remarks against him, as a consequence of which S. 3(1)(r)(s) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 also came to be incorporated in FIR No. 91 of 2020. .

(3.) Though, police after completion of investigation, filed Challans in the competent courts of law, in both the cases i.e. in FIR No. 90 before learned Judicial Magistrate First Class, Court No. III, Una and in FIR No. 91, before learned Special Judge, Una, but before the same could be taken to its logical end, parties entered into compromise and have resolved to settle the dispute inter se them amicably. In the aforesaid background, petitioners in both the cases have separately approached this court in two petitions filed under S. 482 CrPC, praying therein for quashing of FIRs filed against each other.