NARESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant petition has been filed with a prayer to quash FIR No. 34/2020, dtd. 3/5/2020, under Ss. 188, 336, 506, 34 IPC and Sec. 30 of Indian Arms Act, 1959, registered at Police Station, Darlaghat, Distt. Solan.

(2.) 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.

(3.) 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.