Himachal Pradesh High Court
Vikran Dadwal vs State Of H.P. & Others on 30 September, 2024
Neutral Citation No. ( 2024:HHC:9337 )
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr.MMO No. 396 of 2024
Reserved on: 06.09.2024
.
Date of Decision: 30.09. 2024.
Vikran Dadwal
....Petitioner
Versus
State of H.P. & others
....Respondents
Coram
Hon'ble Mr. Justice Rakesh Kainthla, Judge.
Whether approved for reporting? No.
For the petitioner
r : Mr. Arush Matlotia, Advocate.
For respondents : Mr. Prashant Sen, Deputy Advocate
General, for respondent No.1/State.
: Mr. Anshul Gandhi, Advocate, vice Mr.
Devender K. Sharma, 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. 278 of 2016, dated 09.09.2016, for the
commission of offences punishable under Sections 279 & 337 of IPC and
Section 187 of the Motor Vehicles Act registered at Police Station
Nurpur, District Kangra, 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:9337 )
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 based on the compromise.
3. The statement of informant and injured were recorded on
08.07.2024 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 Therefore, in view of these precedents, the present petition
is allowed and F.I.R. No. 278 of 2016, dated 09.09.2016, for the
commission of offences punishable under Sections 279 & 337 of IPC and
Section 187 of the M.V. Act registered at Police Station Nurpur, District
Neutral Citation No. ( 2024:HHC:9337 )
Kangra, 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)
