Himachal Pradesh High Court
Rakesh Kumar vs State Of H.P. & Anr on 30 September, 2024
Neutral Citation No. ( 2024:HHC:9335 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MMO No. 675 of 2024 Reserved on: 06.09.2024 .
Date of Decision: 30.09.2024.
Rakesh Kumar ....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 : Mr. Vinod Chauhan, Advocate.
For respondents : Mr. Ajit Sharma, Deputy Advocate General, for respondent No.1/State.
: Mr. Vivek Thakur, Advocate, for
respondent No.2.
Rakesh Kainthla,Judge
The present petition has been filed under Section 482 of Cr.P.C. for quashing of F.I.R. No. 147 of 2022, dated 26.10.2022, for the commission of offences punishable under Sections 279 and 337 of IPC, registered at Puruwala, Tehsil Paonta Sahib, District Simrour, H.P. and consequent proceedings arising out of the said F.I.R based on compromise effected between the parties.
_______________ Whether reporters of the local papers may be allowed to see the judgment? Yes ::: Downloaded on - 30/09/2024 20:32:20 :::CIS 2 Neutral Citation No. ( 2024:HHC:9335 )
2. It has been asserted that the petitioner and informant have amicably compromised the matter. A Compromise Deed was executed to .
this effect. The informant does not want to proceed with the present petition based on the compromise. Hence, the present petition.
3. The statement of informant was recorded on 09.08.2024 in which he stated that the matter had been compromised between the parties voluntarily without any influence from any person and he has no objection, in case the FIR lodged against the petitioner/accused is ordered to be quashed.
4. I have heard 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 HLR 384 and Nishant vs. State 2022 Suppl. Law Cases 45 and others based on the compromise. These judgments are binding on this Court.
6 Therefore, in view of these precedents, the present petition is allowed and F.I.R. No.147 of 2022, dated 26.10.2022, for the commission of offences punishable under Sections 279 and 337 of IPC, registered at Police Station Puruwala, Tehsil Paonta Sahib, District ::: Downloaded on - 30/09/2024 20:32:20 :::CIS 3 Neutral Citation No. ( 2024:HHC:9335 ) Sirmour, H.P is ordered to be quashed. Consequent upon the quashing of FIR, criminal proceedings pending/initiated against the petitioner-
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accused in pursuance thereto, are also ordered to be quashed.
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 (ravinder) ::: Downloaded on - 30/09/2024 20:32:20 :::CIS