SUBHASH CHAND Vs. STATE OF HP

JUDGEMENT

(1.) By way of instant petition 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 1Whether reporters of the Local papers are allowed to see the judgment? petitioner for quashing of FIR No.108/2019, dated 4.6.2019, under Sections 420, 467, 468 and 471 of Indian Penal Code ( for short . 'IPC'), registered with Police Station, Hamirpur, District Hamirpur, H.P., as well as consequent proceedings, if any, pending in the competent Court of law, on the basis of the compromise arrived inter se parties (Annexure P-­1).

(2.) Facts, as emerge from the record are that FIR sought to be quashed in the instant proceedings, came to be lodged at the behest of respondent No.2/complainant (hereinafter 'complainant'), who is otherwise happened to be brother of the petitioner/accused.

(3.) Having carefully perused the averments contained in the petition as well as compromise placed on record, this Court while issuing notice to the respondents, deems it fit to cause presence of respondent No.2/complainant, so that correctness and genuineness of the compromise placed on record could be ascertained. This Court also directed learned Additional Advocate General to verify the factum with regard to compromise, if any, inter se parties. Pursuant to order dated 7.11.2019, parties have come present. Respondent No.2/complainant Sh. Prakam Chand, who is otherwise represented by Ms. Kamini, Advocate, stated on oath before this Court that he of his own volition and without there being any external pressure has entered into the compromise (Annexure P-­1), with the petitioner. He states that since he and petitioner are real brothers, they both have decided to resolve their dispute amicably inter se them and as such, he does not intend to prosecute the FIR as well as consequent proceedings, if any, initiated at his behest further. He stated that he shall have no objection in case the FIR as well as consequent proceedings, if any, are ordered to be quashed and set-­aside. His statement is taken on record.