Himachal Pradesh High Court
Reserved On: 12.08.2024 vs State Of H.P. & Anr on 12 September, 2024
2024:HHC:8496
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr.MMO No. 1099 of 2023
Reserved on: 12.08.2024
Date of Decision: 12.09. 2024.
.
Shivani
....Petitioners
Versus
State of H.P. & anr.
....Respondents
Coram
Hon'ble Mr. Justice Rakesh Kainthla, Judge.
Whether approved for reporting? No
For the petitioner : Ms. Kiran Dhiman, Advocate.
For the respondents : Ms. Ayushi Negi, Deputy Advocate
General, for respondent No.1/State.
: Ms. Himani Verma, 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. 55 of 2019, dated 09.07.2019, for the
commission of offences punishable under Sections 324, 336 and 201 of
IPC registered at Police Station in Khundian, District Kangra, H.P. and
consequent proceedings arising out of the said F.I.R based on
compromise effected between the parties.
2. It has been asserted that the parties are in close relation,
who are residing in the same locality. They have settled the matter to
_______________
Whether reporters of the local papers may be allowed to see the judgment? Yes
2024:HHC:8496
maintain the cordial relations between them. Hence, the present
petition.
.
3. Statement of the father of victim Sivansh was recorded on
24.07.2024 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 based on the compromise.
4.
the State.
r to
The birth certificate of Master Shivansh has been placed on
record, which shows that he is aged 16 years. This fact was verified by
Hence, the father of minor is competent to compromise the
matter on his behalf.
5. I have heard learned counsel for the parties and have gone
through the records carefully.
6. Perusal of the F.I.R. shows that birthday of the victim was
being solemnized. The petitioner/accused tried to burst the balloon with
the help of a shaving blade and inadvertently caused injuries on the hand
of the victim with the blade. This incident clearly shows that it was not
a deliberate act but purely sudden accident during birthday celebration.
This aspect is also to be considered while quashing the F.I.R.
7. In the present case, the F.I.R. registered for the commission
of offences punishable under Sections 324, 336 and 201 of IPC. This Court
2024:HHC:8496
had already quashed the F.I.R. under Section 336 of IPC, inter alia, in
Naryan Singh vs State of Himachal Pradesh and others 2022 STPL 9676 HP
.
and Rajeev Kumar vs State of H.P. & another 2019(1) Shim.LC22. Similarly,
this Court has also quashed the F.I.R. under Section 324 of IPC in Ram
Krishan alias Ramu vs. State of H.P.& others Latest HLJ 2021(2)(HP) 1327,
Amir Hussain vs State of Himachal Pradesh 2022(1)Him.L.R.195, Braham
Dass & others vs. State of H.P & others 2022(1) Him.L.R.466, Inderjeet Singh
& others vs State of H.P. & others 2022(2)Him.LR.1217, Raj Kumar @ Raj &
Ors. vs. State of Himachal Pradesh & Anr. Latest HLJ 2022(HP)(1) 759 and
Rukam Deen Vs State of Himachal Pradesh 2023(1) Him L.R. (HC) 616 based
on the compromise. These judgments are binding on this Court.
8. Therefore, in view of these precedents, the present petition
is allowed and F.I.R. No. 55 of 2019, dated 09.07.2019, for the
commission of offences punishable under Sections 324, 336 and 201 of
IPC, registered at Police Station Khundian, District 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.
9. Petition stands disposed of in the above terms, so also
pending applications, if any.
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10. 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
12th September, 2024
(ravinder)
