SURINDER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of this petition filed under Section 439 of the Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C') , the petitioner has prayed for grant of bail in case FIR No. 02/2018, dated 03.01.2018, registered under Sections 307, 341, 323, 147, 148, 149 & 506 of the Indian Penal Code (hereinafter referred to as 'IPC') at Police Station Barotiwala, Distt. Solan.

(2.) Alongwith the petition, a compromise having been entered into between the complainant/victim and the accused has also been filed, perusal of which demonstrates that the matter, which has resulted in the registration of the FIR, perhaps, stands settled between the parties.

(3.) Learned Counsel for the petitioner informs this Court that in view of the changed circumstances, the petitioner has also filed a petition under Section 482 of Cr.P.C., i.e. Cr.MMO No. 138/2018, titled as Satpal & others versus State of Himachal Pradesh & others, for quashing of the said FIR, before this Court, in which notice stands already issued by this Court and record has also been called for. He further submits that investigation, otherwise, is also complete and challan has also been filed before the appropriate Court. He further submits that taking into consideration the fact that the FIR, in fact, has resulted out of a brawl, which took place between the parties, which are otherwise closely related to each other, it will be in the interest of justice, in case this petition is allowed and the petitioner is ordered to be released on bail, as now there is no chance of the petitioner of otherwise interfering in the course of investigation, as the same is complete. He alongwith the complainant, has already filed a petition before this Court for quashing of the FIR itself.