ARVIND KUMAR Vs. STATE OF HP & OTHERS

JUDGEMENT

(1.) By way of instant petition filed under Section 482 of the Code of Criminal Procedure, a prayer has been made on behalf of the petitioner-accused (hereinafter referred to as the accused) for quashing of the FIR No. 150 of 2016, dated 14.12.2016, under Sections 279, 337 and 338 of IPC registered at Police Station Jawalamukhi, District Kangra, H.P., and consequent proceedings in Criminal Case No.50 of 2017, titled as State of H.P. Versus Arvind Kumar, pending adjudication before the learned Judicial Magistrate, 1st Class, Court No. 2, Dehra, District Kangra, H.P.

(2.) Mr. Sunny Modgil, learned counsel representing the petitioner-accused, while inviting attention of this Court to the compromise deed (Annexure P-2 ),contended that both the parties have compromised the matter with each other and as such, they want to live peacefully in future and maintain cordial relation with each other. Mr. Modgil, further contended that since parties have arrived into an amicable settlement, without there being any pressure or influence on the complainant, the instant matter may be ordered to be compounded.

(3.) This Court with a view to ascertain the correctness and genuineness of the submissions having been made by the learned counsel for petitioner-accused as well as compromise deed placed on record also recorded statement of complainant, Sh. Sanjeev Kumar (complainant) as well as Hans Ram, Vimal Kumar, Braham Dass (injured), who are present in Court. Complainant Sh. Sanjeev Kumar as well as injured stated on oath that they have settled the matter with the petitioner-accused and now they do not want to pursue their complaint further and they have no objection in case the FIR No.150 of 2016 as well as consequent proceedings pending adjudication before the learned Judicial Magistrate 1st Class, Court No.2, Dehra, District Kangra, H.P. against the petitioners-accused are quashed and setaside.