LAWS(HPH)-2019-8-201

HARI KRISHAN Vs. STATE OF HIMACHAL PRADESH

Decided On August 06, 2019
HARI KRISHAN Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) The instant petition, under Section 482 of the Code of Criminal Procedure (herein after referred to as 'Cr.PC') has been filed by petitioners- accused, on the basis of compromise arrived at between them, complainant- respondent No. 2 and injured-respondent No. 3 for quashing FIR No. 57 of 2014, dated 22.2.2014, under Sections 326, 324, 341, 323, 34 and 201 of the Indian Penal Code (herein after referred to as 'IPC') registered at Police Station Baddi, District Solan, H.P., and criminal proceedings initiated in pursuance thereto.

(2.) Respondent No. 2-complainant Sh. Prem Chand and respondent No. 3-injured Gurmail Singh are present in the Court today and endorsed compromise Annexure P-2, in their statements recorded on oath in this Court. They deposed that they have forgiven petitioners for their acts, who are their nephews in relation. Petitioners/accused are also present in person. Their statements on oath have also been recorded, wherein they also endorsed compromise Annexure P-2 and also deposed that on the date of incident, altercation had taken place on political issue, which resulted in ugly incident, wherein they had retaliated to the slaps of their uncle and out of anger they hit him with danda. They further deposed that now they have repentance for their acts and have apologized for the incident and are living in harmonious atmosphere with cordial relations, as respondents (their uncles) have also pardoned them, therefore, they have amicably settled the dispute and other case pending before JMIC Nalagarh has also been closed on the basis of compromise. They have also stated that they have signed the compromise deed Annexure P-2 and also deposed before this Court out of their free will, consent and without any external pressure, coercion or threat.

(3.) ASI Babu Ram, I.O. Police Station Baddi is also present in Court and produced status report of case FIR No. 56 of 2014 and order passed by learned Judicial Magistrate 1st Class, Nalagarh, therein, which has also been placed on record by filing an application by the petitioners, according to which, the matter has been compromised between the parties.