Himachal Pradesh High Court
Kamal Dev vs State Of H.P. & Ors on 30 July, 2024
Neutral Citation No. ( 2024:HHC:6077 )
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr.MMO No. 566 No. 2024
Reserved on : .26.07.2024
.
Date of Decision: 30th July, 2024.
Kamal Dev
....Petitioner
Versus
State of H.P. & Ors.
....Respondents
Coram
Hon'ble Mr Justice Rakesh Kainthla, Judge.
Whether approved for reporting? No
For the petitioner
r : Mr. Umesh Kanwar, Advocate.
For respondents : Ms. Ayushi Negi, Deputy Advocate
General for respondent No. 1.
: Mr. K.K. Bhardwaj, 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. 94 of 2023, dated 20.09.2023, for the
commission of offences punishable under Sections 279 and 337 of IPC,
registered at Police Station Talai, District Bilaspur, 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
Neutral Citation No. ( 2024:HHC:6077 )
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 statements of Anita Kumari, mother of Sarthak (minor)-
respondent No.3 and informant Baldev were recorded on 12.07.2024 in
which they have stated that the matter had been compromised between
the parties voluntarily and they have no objection, in case the FIR lodged
against the petitioner is ordered to be quashed.
4. The birth certificate of minor Sarthak has been filed, which
shows that he was born on 13.02.2013 and name of his mother is Anita
Kumari. Learned Deputy Advocate General submitted that the certificate
of minor has been duly verified by the competent authorities.
5. This Court had quashed the F.I.R. registered for the
commission of offences punishable under Sections 279, 337, 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 and others.
6. Therefore, in view of these precedents, the present petition
is allowed and F.I.R.No. 94 of 2023, dated 20.09.2023, for the
commission of offences punishable under Sections 279 and 337 of IPC,
registered at Police Station Talai, District Bilaspur, H.P. is quashed.
Neutral Citation No. ( 2024:HHC:6077 )
Consequent upon the quashing of FIR, criminal proceedings
pending/initiated against the petitioner-accused in pursuance thereto,
.
are also 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 July, 2024
(ravinder)
