KUNAL JAIKARIA Vs. STATE OF HP

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.30/2019, dated 20.3.2019 under Sections 147, 148, 149, 341, 323, 504, 506 and 201 of Indian 1Whether reporters of the Local papers are allowed to see the judgment Penal Code ( for short 'IPC'), registered with Police Station, Bhawarana, District Kangra, H.P., as well as consequent . proceedings i.e. Criminal Case No.103 of 2019, pending adjudication in the Court of learned Additional Chief Judicial Magistrate, Palampur, District Kangra, H.P., on the basis of the compromise arrived inter se parties (Annexure P-?3).

(2.) Mr. Kunal Thakur, learned Deputy Advocate General and Mr. Pradeep Kumar Sharma, Advocate have put in appearance on behalf of respondents No.1 and 2, respectively. Learned counsel representing the respondents state that in view of the controversy as well as prayer made in the petition, they do not intend to file any reply to the petition and have no objection in case the prayer made in the petition at hand is decided on its own merit.

(3.) Averments contained in the petition, which is duly supported by an affidavit, reveals that FIR, sought to be quashed in the instant proceedings, came to be lodged at the behest of respondent No.2/complainant, namely Sh. Rahul Rana, who alleged that on the date of alleged incident, he was given beatings by the petitioners. After completion of the investigation, police presented the challan in the Court of learned Additional Chief Judicial Magistrate, Palampur and same is pending adjudication, however, . fact remains that during the pendency of the case before the learned Court below petitioners have entered into the compromise with respondent No.2/ complainant, whereby they all resolved to settle their dispute amicably inter se them, as is evident from the compromise (Annexure P-?3) placed on record. Though, perusal of compromise placed on record, clearly reveals that the petitioners as well as respondent No.2/complainant with the intervention of elder members of the society have resolved to settle their dispute amicably inter se them, but this Court with a view to verify the correctness and genuineness of the compromise placed on record, also deems it necessary to record the statement of respondent No.2/complainant, who is present in Court. Respondent No.2/complainant states on oath that he of his own volition and without there being any external pressure has come to this Court for getting his statement recorded. He states that FIR was lodged by him on account of some miscommunication. He states that petitioners herein are his friends and the FIR sought to be quashed in the instant proceedings came to be lodged at his behest on account of some misunderstanding. He states that he as well as the . petitioners have resolved to settle their dispute amicably as such, he shall have no objection in case the prayer made in the instant petition for quashment of FIR as well as consequent proceedings, is accepted. His statement is taken on record.