Rohit Kumar vs State Of H.P. & Ors
2024 Latest Caselaw 17935 HP

Himachal Pradesh High Court

Rohit Kumar vs State Of H.P. & Ors on 22 November, 2024

Neutral Citation No. ( 2024:HHC:12268 )

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Cr. MMO No 386 of 2024.

Reserved on: 18.11.2024.

Date of Decision: 22.11.2024.

           Rohit Kumar                                                                     ...Petitioner
                                                     Versus

           State of H.P. & Ors.                                                         ...Respondents


           Coram

Hon'ble Mr Justice Rakesh Kainthla, Judge. Whether approved for reporting?1 No

For the Petitioner : Mr. Naveen K. Bhardwaj, Advocate. For the Respondents : Mr. Tarun Pathak, Deputy Advocate General for respondent No.1/State.

                                                        Mr. C.S. Thakur, Advocate,                         for
                                                        respondents No.2 to 4.


           Rakesh Kainthla, Judge

The petitioner has filed the present petition for

quashing of FIR No. 59 of 2023, dated 11.04.2023, registered for the

commission of offences punishable under Sections 279, 337, 338

and 304A of the Indian Penal Code (IPC) and Section 181 of the

Motor Vehicles Act (MV Act) at Police Station Nagrota Bagwan,

Whether reporters of Local Papers may be allowed to see the judgment? Yes.

2 Neutral Citation No. ( 2024:HHC:12268 )

District, Kangra and the consequential proceedings pending before

learned Chief Judicial Magistrate Kangra, H.P.

2. It has been asserted that the parties are related to each

other. They have settled the matter amongst themselves and the

informant does not want to proceed further with the present

matter. Hence, the petition.

3. The statements of informant Vinay Soodan and the

parents of the deceased were recorded on 20.09.2024 in which they

stated that they had compromised the matter amongst themselves

and they have no objection in case the FIR is ordered to be quashed

based on the compromise between the parties. The State has filed

the report, submitted by SHO Police Station Nagrota Bagwan,

District Kangra, which shows that the parents of the deceased are

the only legal heirs of the deceased.

4. I have heard Mr. Naveen K. Bhardwaj, learned counsel

for the petitioner, Mr. Tarun Pathak learned Deputy Advocate

General for respondent No.1/State and Mr. C.S. Thakur, learned

counsel for respondents No.2 to 4.

5. Mr. Naveen K. Bhardwaj, learned counsel for the

petitioner submitted that the parties have settled their difference

voluntarily and they have no objection in case the FIR is ordered to 3 Neutral Citation No. ( 2024:HHC:12268 )

be quashed based on the compromise. Hence, he prayed that the

present petition be allowed and FIR be quashed to maintain

harmony between the parties.

6. Mr Tarun Pathak, learned Deputy Advocate General, for

respondent No. 1/State submitted that the offences involve the

society and is not a private dispute. Therefore, the FIR should not

be quashed.

7. Mr. C.S. Thakur, learned counsel for respondents No. 2

to 4 adopted the submissions of Mr. Naveen K. Bhardwaj, learned

counsel for the petitioner and prayed that the FIR be quashed.

8. I have given considerable thought to the submissions at

the bar and have gone through the records carefully.

9. This Court had already quashed the F.I.R. registered for the

commission of offences punishable under Sections 279, 337, 304A of

IPC in Avinash Singh Rana vs. State of H.P.2023 STPL 3181 HP, Amit

Singla vs. State of H.P. 2022 STPL 13806 HP, Mayank vs. State of H.P.

2021 (2) Shim. LC 980, Dr Subhash Thakur vs. State of H.P. 2021 STPL

6332 HP and Rajvinder Sharma vs. State of H.P. 2019 (3) Shim. LC 1781

based on compromise. These judgments are binding on this Court.

10. Therefore, in view of these precedents, the present

petition is allowed and FIR No. 59 of 2023 dated 11.04.2023, 4 Neutral Citation No. ( 2024:HHC:12268 )

registered for the commission of offences punishable under

Sections 279, 337, 338 and 304A of IPC and Section 181 of MV Act at

Police Station Nagrota Bagwan, District Kangra, H.P. is quashed.

Consequent to the quashing of FIR, criminal proceedings

pending/initiated against the petitioner-accused in pursuance

thereto, are also quashed.

11. Petition stands disposed of in the above terms, so also

pending miscellaneous applications, if any.

12. 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

22nd November,2024 (Nikita)