SHIV SHANKAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant petition filed under Section 482 of the Code of Criminal Procedure, prayer has been made on behalf of the petitioners for quashing of FIR No.3/2016, dated 6.1.2016, under Sections 147, 149, 323 and 325 of Indian Penal Code ( for short 'IPC'), registered with Police Station, Chirgaon District Shimla H.P., as well as consequent proceedings pending 1 adjudication in the Court of learned Judicial Magistrate, 1 st Class, Court No. II, Rohru, District Shimla, Himachal Pradesh, on the basis of amicable settlement arrived inter se parties.

(2.) Averments contained in the petition, which is duly supported by an affidavit, reveal that FIR, sought to be quashed in the instant proceedings, came to be lodged at the behest of respondent No.4/complainant, namely Sh. Kapil Dev, who alleged that on 5.1.2016 petitioners, who happened to be residents of village Ranol, Sub Tehsil, Jangla (Chirgaon), District Shimla, Himachal Pradesh gave him beatings, as a consequence of which, he suffered multiple injuries. After completion of the investigation in the aforesaid FIR, challan stands filed in the Court of learned Judicial Magistrate,1st Class, Court No.II, Rohru, District Shimla, H.P, and same is pending adjudication. However, fact remains that during the pendency of the case before the learned Court below parties have resolved to settle their dispute amicably inter se them as such, present petition has been filed on behalf of the petitioners for quashment of FIR as well as consequent proceedings pending in the competent Court of law.

(3.) This Court solely with a view to ascertain the factum with regard to amicable settlement/compromise arrived inter se parties, directed the Investigating Officer vide order dated 18.12.2019 to cause presence of respondent No.4/complainant Sequel to order dated 18.12.2019, ASI Prem Singh has caused the presence of respondent No.4/complainant namely, Sh .Kapil Devi, who on oath stated before this Court that he of his own volition and without there being any external pressure has entered into the compromise with the petitioners, whereby they have resolved to settle their dispute amicably inter se them and as such, he shall have no objection in case FIR as well as consequent proceedings are ordered to be quashed and set aside. His statement is taken on record.