Rakesh Kumar vs State Of H.P. & Anr
2024 Latest Caselaw 12739 HP

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

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

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-

.

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)