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Himachal Pradesh High Court · body

2004 DIGILAW 199 (HP)

Sanjay Kumar v. State Of Himachal Pradesh

2004-08-20

M.R.VERMA

body2004
JUDGMENT : M.R. Verma, J. This petition under section 482 of the Code of Criminal Procedure has been filed by the petitioners for quashing FIR No. 474 of 2004 dated 5.7.2004 under Sections 324, 323, 506 and 34 of the Indian Penal Code, registered at Police Station Una. 2. It is alleged that the aforesaid FIR has been registered against the petitioners on the basis of a report lodged by respondent No.2 and the matter is pending investigation. However, the petitioners and respondent No.2 who are residents of the same place, on the intervention of certain persons of the illaqua, have compromised the dispute as a goodwill gesture and to share happiness and sorrows of each other together. A photocopy of the settlement arrived at between the parties alongwith affidavit of respondent No.2 has been annexed with the petition. It is against this background that the petitioners have prayed for quashing tie FIR. 3. I have heard the learned counsel for the petitioners, learned counsel for respondent No.2 who is present in person also and admits the contents of the copy of the settlement and affidavit filed alongwith the petition and the learned Deputy Advocate General for respondent No. 1. 4. It is not in dispute that the offences for which the FIR in question has been lodged are compoundable. It is also not in dispute that the petitioners and Respondent No.2 have amicably settled and compromised the dispute because of which respondent No.2 is not interested in prosecuting the case registered at his instance and the purpose of compromise between the parties is noble as they want lo forget the past and being residents of the same village wants to live happily in harmony. 5. In view of the aforesaid development after the registration of the case Either investigation in the matter is rendered an exercise in futility and no useful purpose is going to be served by continuing the investigation or submitting a chargesheet as the compromising parties are not likely to speak against each other at the trial which is a situation which should be avoided in the interest of purity and fairness of administration of justice. Therefore, the interest of justice would be better served if the FIR is quashed. 6. As a result, this petition is allowed and the aforesaid FIR is quashed.