LOP CHAND Vs. BHUPENDER SHARMA

JUDGEMENT

(1.) This petition under Sec. 482 of the Code of Criminal Procedure (for short 'Code') has been preferred by the petitioners for quashing of FIR No. 45 of 2018, dtd. 18/3/2018, registered at Police Station, Karsog, District Mandi, H.P. under Ss. 341, 323, 504, 435/34 of the IPC and further proceedings arising therefrom/ Police Challan No. 56 of 2018, Whether the reporters of the local papers may be allowed to see the Judgment?Yes pending in the Court of learned Judicial Magistrate Ist Class, Karsog, District Mandi, H.P.

(2.) Today, petitioner No. 1 present in person in the Court and identified as such by his counsel. It is stated by learned counsel for the petitioners that petitioners have already paid a sum of Rs.70,000.00 to respondent No. 1 and now the petitioners and respondent No. 1 have amicably settled the matter as per settlement/compromise deed placed on the file as Annexure A-2 (colly).

(3.) The moot question is whether the Court in such like cases can quash the FIR. In Narinder Singh and Ors. v. State of Punjab and Anr. JT 2014 (4) SC 573 the Hon'ble Supreme Court after summing up the legal position has laid down the following guidelines for the High Court in giving adequate treatment to the settlement between the parties and exercising its powers under Sec. 482 of the Code while accepting the settlement and quashing the proceedings or refusing to accept the settlement with direction to continue with the criminal proceedings, which reads thus:-