RAHUL NEGI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of above captioned petitions filed under Section 482 of the Code of Criminal Procedure read with Article 227 of the Constitution of India, prayer has been made on behalf of the petitioners for quashing of FIR No.125 of 2019 and 126 of 2019, dated 5.7.2019, under Sections 341, 323, 504, 506 and 34 of Indian Penal Code ( for short 'IPC'), registered at Police Station, Dhalli, Tehsil and District Shimla, H.P., as well as consequent proceedings, if any, pending in the competent Court of law, on the basis of the compromise (Annexure P-?3) arrived inter se parties.

(2.) Facts, as emerged from the pleadings adduced on record in both the petitions are that on 5 th July, 2019 some altercation/scuffle took place inter se both the petitioners, named in both the above captioned cases on account of over taking of vehicles, as a consequence of which, cross FIR's, as detailed hereinabove, came to be lodged against both the petitioners. FIR No.125 of 2019 came to be lodged at the behest of respondent No.2, Sh. Rahul Negi ( petitioner in against Sh. Adarsh Singh Kashyap (petitioner in Cr.MMO No. 432 of 2019, whereas another FIR No.126 of 2019, dated 5.7.2019 came to be lodged by Sh. Adarsh Singh Kashyap against the petitioner Rahul Negi.

(3.) Investigation in both the FIR's are still going on because till date no challan, if any, has been filed in the competent Court of law. During the investigation, parties have resolved to settle their dispute amicably inter se them, as is evident from the compromise(Annexure P-?3) placed on record and as such, both the petitioners by way of independent petitions, as detailed hereinabove, have approached this Court for quashing of the FIR's as well as consequent proceedings, if any.