RAVINDER KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) By way of above captioned petitions filed under Sec. 482 of the Code of Criminal Procedure, prayer has been made on behalf of the petitioners, in both the petitions, for quashing of FIR No. 160 of 2019, dtd. 27/10/2019, under Ss. 341, 323, 506 read with Sec. 34 of IPC and FIR No.162 of 2019, dtd. 28/10/2019, under Ss. 341, 323, 325, 307, 504, 506 read with Sec. 34 of IPC, registered at Police Station Dharamshala, District Kangra, Himachal Pradesh as well as consequent proceedings, if any, pending adjudication in the competent Court of law, on the basis of the compromise arrived inter se parties, whereby both the parties have resolved to settle their dispute amicably interse them.

(2.) Precisely, the facts of the case, as emerge from the record are that FIR No.160 of 2019, sought to be quashed in the instant proceedings, came to be lodged at the behest of complainant Ved Prakash (respondent No.2 in Cr.MMO No.429 of 2024 and petitioner No.1 in Cr.MMO No.433 of 2024), alleging therein that on 27/10/2019, at 3.30 PM, his son Vishal telephonically informed him that three persons are taking forcible possession of their land. He alleged that when he reached the spot and apprised persons namely, Ravinder Kumar, Nivesh Kumar and Inder Mohan that they cannot take possession of the land on account of stay order issued by the competent court of law, above named persons not only hurled abuses, but also gave beatings to them, as a result thereof, he suffered multiple injuries. Having taken note of afore statement made by the complainant namely, Ved Prakash, FIR No. 160 of 2019, dtd. 27/10/2019 came to be registered the persons namely, Ravinder Kumar, Nivesh Kumar and Inder Mohan i.e. petitioners in Cr.MMO No.429 of 2024 under Ss. 341, 323, 506 read with Sec. 34 of IPC.

(3.) FIR No.162 of 2019, dtd. 28/10/2019, sought to be quashed in the instant proceedings, came to be lodged at the behest of the complainant namely, Nivesh Kumar(respondent No.2 in Cr.MMO No.433 of 2024 and petitioner No. No.2 in Cr.MMO No.429 of 2024), alleging therein that on 27/10/2019, at 3.30 PM, while he alongwith his father Ravinder Kumar, mother Smt. Punya Devi and cousin Inder Mohan was standing on a path adjoining to his house, persons namely, Ved Prakash and his son Vishal Kumar came on the spot and started hurling abuses. Complainant alleged that apart from aforesaid two accused, one person Ashwani Kumar was also with them and they besides hurling abuses, also gave beatings to his brother and father, as a result thereof, they suffered multiple injuries.