JATINDER RANA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant petition, under Sec. 482 of the Code of Criminal Procedure (hereinafter referred to as 'CrPC') has been filed by petitioners-accused, for quashing FIR No. 128 of 2017, dtd. 20/5/2017, registered under Ss. 452, 325, 323 and 34 of the Indian Penal Code (hereinafter referred to as 'IPC') at Police Station Una, District Una, H.P., and criminal proceedings initiated in pursuance thereto, on the basis of compromise, copy whereof has been furnished in the Court, arrived at between petitioners-accused and complainant-respondent No. 2.

(2.) Respondent No. 2-complainant, Desh Raj, present in person in Court, duly identified by counsel, endorses compromise and in his statement, recorded on oath in this Court, has reiterated compromise by him with petitioners-accused and has deposed to the effect that he had asked the petitioner to vacate the rooms, rented out to the family of petitioner, for which the petitioners had agreed, but had not vacated the same, which had caused altercation between the parties, culminating into incident in question, whereupon he had lodged the F.I.R. and now the matter stands amicably settled between them as the petitioners have vacated the rooms rented to them and parties have decided to close the matter for future good relationship. Therefore, he do not want to pursue the present case F.I.R., lodged by him and the proceedings arising therefrom, rather he prays for quashing of the F.I.R. as well as proceedings arising out thereto.

(3.) The petitioner No.2 Dalwinder Singh in his statement on oath recorded separately, has stated that they have heard the statement of complainant/respondent No.2 Desh Raj. They endorse the same to be true and correct and have decided not to cause repetition of such untoward incident in future and they will not interfere in the rooms and shops owned and possessed by the complainant or his family. They pray for compounding the matter as per compromise arrived at between them.