Himachal Pradesh High Court
Karnel Singh vs Karnel Singh & Others on 14 November, 2022
Author: Satyen Vaidya
Bench: Satyen Vaidya
IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA
ON THE 14th DAY OF NOVEMBER, 2022.
.
BEFORE
HON'BLE MR. JUSTICE SATYEN VAIDYA
CRIMINAL MISC. PETITION MAIN (ORIGINAL) U/S 482
CRPC NO. 888 OF 2022.
Between:-
1. KARNEL SINGH, AGED ABOUT 25 YEARS, S/O SH.
JAGPAL SINGH
2. BALKAR SINGH, AGED ABOUT 26 YTEARS, S/O SH.
LAJJA RAM,
3.
VINOD KUMAR AGED ABOUT 25 YEARS, S/O SH.
AMAR SINGH,
4. RAJINDER SINGH, AGED ABOUT 24 YEARS, S/O SH.
BARKHA RAM,
5. ASHIF KHAN, AGED ABOUT 25 YEARS, S/O SH. LAL
DEEN,
6. DEEPAK KUMAR, AGED ABOUT 24 YEARS, S/O SH.
SOM NATH.
7. DINESH KUMAR, AGED ABOUT 29 YEARS, S/O SH.
JAGPAL SINGH,
8. JITENDER KUMAR, AGED ABOUT 30 YEARS, S/O SH.
SATPAL VARMA,
9. ROHIT NEGI, AGED ABOUT 30 YEARS, S/O SH. RANN
SINGH,
ALL RESIDENTS OF V.P.O. TRILOKPUR, TEHSIL
NAHAN, DISTRICT SIRMOUR, H.P.
....PETITIONERS.
(BY MR.SANJEEV BHUSHAN, SENIOR ADVOCATE
WITH MR. RAJESH KUMAR, ADVOCATE)
AND
::: Downloaded on - 14/11/2022 20:32:54 :::CIS
...2...
.
STATE OF HIMACHAL PRADESH
....RESPONDENT.
(BY MR. NARENDER THAKUR, DEPUTY
ADVOCATE GENERAL)
r to
This petition coming on for admission after notice
this day, the Court passed the following:-
ORDER
The copy of FIR placed on record vide Annexure P-
1 originally, has some discrepancies, therefore, today another copy of FIR No. 73, dated 7.9.2016, registered at Police Station Kala Amb, has been filed and taken on record.
2. By way of this petition, FIR No. 73 of 2016, dated 07.09.2016, registered at Police Station Kala Amb under Sections 147, 148, 149, 34, 341, 323 and Section 506 of the IPC and consequential proceedings of case titled as State of H.P. Vs. Karnel Singh & Others, bearing Criminal Trial No. 26/2017, pending before the learned Judicial Magistrate, First Class, Nahan, are sought to be quashed.
::: Downloaded on - 14/11/2022 20:32:54 :::CIS...3...
3. It is averred in the petition that .
complainant/petitioner No.7 and petitioners No.1 to 6 have amicably settled all their past disputes including subject matter of FIR No. 73 of 2016, dated 07.09.2017 registered at Police Station Kala Amb, under Sections 147, 148, 149, 34, 341, 323 and Section 506 of the IPC. They have entered into in peace in future.
r to a written compromise Annexure P-1 and have decided to live They have put to an end all their past disputes and this has been possible with the intervention of the elders in the families and common friends.
4. Statements of petitioner No.7/Complainant and petitioners No.1 to 6/accused have been recorded in the Court today. They have reiterated the contents of the petitioner as also the compromise, Annexure P-1. They have stated on oath that their past disputes stand settled and they will live in peace in future.
5. Nothing unlawful is stated in compromise Annexure P-1. The parties have undertaken to live in peace and harmony. Petitioner No.7/complainant and petitioners No.1 to 6/accused, all are young persons. They have decided to put an end to all their disputes by entering into an ::: Downloaded on - 14/11/2022 20:32:54 :::CIS ...4...
amicable settlement. Their elders in the families and .
common friends have also intervened. In the light of the undertaking given by them to live in peace in future, petitioners No.1 to 6 deserves a chance to mend their ways.
The object of every legal system is to secure harmony and peace in the society. The compromise entered into between implemented sincerely.
r to the parties will also prove a step forward in this direction, if
6. Keeping in view, the entirety of the facts and circumstances of the case, this a fit case where in exercise of inherent powers under Section 482 of the Cr.P.C., FIR in question along with consequent criminal proceedings can be quashed.
7. In view of the above, the present petition is allowed and FIR No. 73 of 2016, dated 07.09.2016, registered at Police Station Kala Amb under Sections 147, 148, 149, 34, 341, 323 and Section 506 of the IPC and consequential proceedings in case titled as State of H.P. Vs. Karnel Singh & Others, bearing Criminal Trial No. 26/2017, pending before the learned Judicial Magistrate, First Class, Nahan, are ordered to be quashed.
::: Downloaded on - 14/11/2022 20:32:54 :::CIS...5...
8. Pending applications, if any, shall also stand .
disposed of.
(Satyen Vaidya) Judge 14th November, 2022.
(jai)
r to
::: Downloaded on - 14/11/2022 20:32:54 :::CIS