Himachal Pradesh High Court
Reserved On: 21.08.2024 vs State Of H.P. & Ors on 30 August, 2024
2024:HHC:7565
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr.MMO No. 527 of 2024
Reserved on: 21.08.2024
.
Date of Decision:30.08. 2024.
Gulshan Kumar
....Petitioner
Versus
State of H.P. & Ors.
....Respondents
Coram
Hon'ble Mr. Justice Rakesh Kainthla, Judge.
Whether approved for reporting? No.
For the petitioner : Mr. Shivam Sharma, Advocate.
For the respondents : Ms Ayushi Negi, Deputy Advocate
General for respondent No.1/State.
: Mr. Sambhav Bhasin, Advocate, for
respondents No.2 and 3.
Rakesh Kainthla,Judge
The present petition has been filed under Section 482 of
Cr.P.C. for quashing of F.I.R. No. 34 of 2024, dated 13.04.2024, for the
commission of offences punishable under Sections 279,337 and 338 of
IPC registered at Police Station Badsar, District Hamirpur, H.P. and
consequent proceedings pending before the learned Additional
Sessions Judge, Hamirpur, (Circuit Court) titled "Shiv Kumar vs
_______________
Whether reporters of the local papers may be allowed to see the judgment? Yes
2024:HHC:7565
Gulshan Kumar" bearing case No. AIR/30/2024 based on compromise
effected between the parties.
.
2. It has been asserted that the matter has been compromised
between the parties voluntarily and in view of the compromise, the
FIR be quashed.
3. The statement of informant and injured were recorded on
17.07.2024 in which they have stated that the matter had been
compromised between the parties voluntarily without any influence
from any person and they have 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. A prayer has been made to quash the Accident Information
Report (AIR) pending before learned Additional Sessions Judge,
2024:HHC:7565
Hamirpur, H.P.(Circuit Court). However, this prayer cannot be
accepted. Accident Information Report (AIR) is filed under Motor
.
Vehicles Act and is civil in nature. It is not amenable to the jurisdiction
under Section 482 of Cr.P.C., which concerns criminal proceedings.
Further the purpose of AIR is to grant compensation to the
injured/legal representatives of the deceased, which has nothing to do
with the composition of the offence. Thus, the prayer to quash the AIR
is rejected.
6 to
Therefore, in view of these precedents, the present
petition is partly allowed and F.I.R. No. 34 of 2024 dated 13.04.2024
for the commission of offences punishable under Sections 279,337
and 338 of IPC registered at Police Station Badsar, District Hamirpur,
H.P. is ordered to be quashed. However, this order will not impact
upon the proceedings pending before the learned Additional Sessions
Judge, Hamirpur, (Circuit Court) titled "Shiv Kumar vs Gulshan
Kumar" bearing case No. AIR/30/2024.
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
2024:HHC:7565
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 August, 2024
(ravinder)
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