Himachal Pradesh High Court
Orish Thangjam vs State Of H.P. & Anr on 30 September, 2024
Neutral Citation No. ( 2024:HHC:9331 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MMO No. 710 of 2024 Reserved on: 18.9.2024 .
Date of Decision: 30.9.2024
Orish Thangjam ...Petitioner
Versus
State of H.P. & anr. ...Respondents
Coram
Hon'ble Mr Justice Rakesh Kainthla, Judge. Whether approved for reporting? No. For the petitioner r : Ms. Suhani Gautam, Advocate.
For the respondents : Mr. Prashant Sen, Deputy Advocate General for respondent No.1/State.
Ms. Annanya Verma, Advocate, for respondent N.2.
Rakesh Kainthla, Judge The present petition has been filed under Section 482 of Cr.P.C. for quashing of F.I.R. No. 44 of 2020, dated 24.04.2020, registered for the commission of offences punishable under Sections 279, 337 and 338 of IPC, at Police Station Shimla (East), District Shimla, H.P. and consequent proceedings arising out of the said F.I.R.
based on compromise effected between the parties.
2. It has been asserted that the police registered FIR at the instance of respondent No.2/informant. The informant and the accused have amicably settled the dispute. The informant wants to ::: Downloaded on - 30/09/2024 20:32:28 :::CIS Neutral Citation No. ( 2024:HHC:9331 ) withdraw her complaint in view of the compromise. Hence the petition.
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3. The statement of the informant was recorded on 27.8.2024, in which she stated that she had entered into a compromise with the accused voluntarily and the compromise deed (Annexure P-2) bore her signatures. She had no objection in case the FIR was ordered to be quashed based on the compromise effected between the parties.
4. I have heard the learned counsel for the parties and have gone through the records carefully.
5. This Court had already quashed the F.I.R. registered for the commission of offences punishable under Sections 279, 337, and 338 of IPC in Sushant vs State of H.P. 2023 HLC 531, Vikas Huda vs. State of H.P. 2023 STPL 3009, Kulwidner Singh vs Ankush Kumar 2023 HLR384 and Nishant vs. State 2022 Suppl. Law Cases 45 based on compromise. These judgments are binding on this Court.
6. Therefore, in view of these precedents, the present petition is allowed and the F.I.R. No. 44 of 2020, dated 24.4.2020, registered for the commission of offences punishable under Sections 279, 337 and 338 of IPC, at Police Station Shimla (East), District Shimla, H.P. is quashed. Consequent upon the quashing of FIR, ::: Downloaded on - 30/09/2024 20:32:28 :::CIS Neutral Citation No. ( 2024:HHC:9331 ) criminal proceedings pending/initiated against the petitioner-
accused in pursuance thereto, are also quashed.
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7. Petition stands disposed of in the above terms, so also pending applications, if any.
8. Parties are permitted to produce a copy of this judgment, downloaded from the webpage of the High Court of Himachal Pradesh before the authorities concerned, and the said authorities shall not insist on the production of a certified copy but if required, may verify passing of the order from Website of the High Court.
(Rakesh Kainthla) Judge 30th September, 2024 (Chander) ::: Downloaded on - 30/09/2024 20:32:28 :::CIS