JARNAIL SINGH Vs. STATE OF HP

JUDGEMENT

(1.) Petitioners and respondent No.2 herein are cousins in relation. On 19.01.2014, both petitioners allegedly assaulted respondent No.2 with the weapons such as sickle and lathi, as a result thereof, he received injuries on his person. The matter was reported to the police of Police Station, Indora and a case was registered against the accused-petitioners under Sections 341, 323, 324, 504 read with Section 34 IPC in Police Station, Indora, District Kangra, H.P. vide FIR No. 16/14.

(2.) The investigation was conducted by the police and in view of the evidence collected, a case under Sections 341, 323, 324, 504 read with Section 34 IPC was found to be made out against both the petitioners. The report under Section 173 of the Code of Criminal Procedure was prepared and stands filed in the Court of learned Judicial Magistrate 1st Class, Indora, District Kangra, H.P.

(3.) The case against them presently is at the stage of recording prosecution evidence. The parties, however, have patched up all the differences amongst them. The compromise deed is Annexure P-3 to this petition. Respondent No.2-complainant Kesar Singh is present in person. He admits this document to be true and correct as according to him, both the petitioners are his cousins, therefore, in order to live with harmony and peace, he has compromised the controversy with them. He is now no more interested to prosecute the criminal proceedings against them any further. His statement to this effect has also been recorded separately. On the other hand, both the accused-petitioners have also stated in their statement recorded separately that respondent No.2-complainatn is their brother and that the incident sparked off on trifles at a spur of moment. Their intention was not to harm their brother, the complainant.