Himachal Pradesh High Court
Date Of Decision: 27.05.2025 vs State Of H.P. & Ors on 27 May, 2025
Author: Virender Singh
Bench: Virender Singh
1 ( 2025:HHC:16347 )
IN THE HIGH COURT OF HIMACHAL PRADESH
SHIMLA
Cr.MMO No.343 of 2024
Date of Decision: 27.05.2025
Manish Kumar & Ors. ...Petitioners
Versus
State of H.P. & Ors. .....Respondents
Coram:
The Hon'ble Mr. Justice Virender Singh, Judge.
Whether approved for reporting?1
For the Petitioners : None.
For the Respondents : Mr. Tejasvi Sharma Additional
Advocate General, with Mr. Rohit
Sharma, Deputy Advocate
General, for respondents No.1 to
3/State
None for respondents No.4 and 5.
Virender Singh, Judge (Oral)
The petitioners have filed the present petition, under
Section 482 of the Code of Criminal Procedure (hereinafter
referred to as 'the Cr.PC.') for quashing of FIR No.0124 of 2022,
dated 22.10.2022 (hereinafter referred to as 'the FIR in question'),
registered under Sections 279 & 337 of the Indian Penal Code
(hereinafter referred to as 'the IPC') with Police Station, Gagret,
District Una, H.P., as well as, the proceedings resultant thereto,
pending before the learned Judicial Magistrate First Class, Amb,
District Una, H.P., (hereinafter referred to as 'the trial Court'), in
Whether reporters of Local Papers may be allowed to see the judgment?
2 ( 2025:HHC:16347 )
case bearing No.34 of 2023, titled as State of H.P. versus Manish
Kumar, on the basis of compromise, arrived at between the
parties.
2. As per the stand taken in the petition, after
registration of the FIR in question, the police had conducted the
investigation and submitted the charge-sheet before the learned
trial Court. During the pendency of the said case, a compromise
is allegedly stated to have taken place, between the petitioners
and respondents No.4 & 5. The copy of the compromise has also
been annexed with the petition.
3. On 03.12.2024, petitioners No. 1, 2 and 4, namely
Manish Kumar, Neeraj Parmar and Parveen Kumari, put
appearance before this Court and their statements were recorded
with regard to the factual position, as mentioned, in the
application.
4. On 31.12.2024, this Court had passed the following
orders:-
"The Registry is directed to make a detailed report regarding
representation of the parties. List on 3.1.2025".
5. In pursuance of the said order, Registry has made a
detailed report, disclosing therein, that Mr. Manjeet Negi,
Advocate, vice Mr. Vinod Kumar, Advocate, had put appearance,
on behalf of respondent No.4, whereas, Power of Attorney on
3 ( 2025:HHC:16347 )
behalf of respondent No.4 has not been filed, till date. Mr. Vinod
Tomar, Advocate, had put appearance, on behalf of respondent
No.5, who has filed the Power of Attorney.
6. On 03.01.2025, it was submitted by learned counsel,
appearing for respondent No.4 that he will file the Power of
Attorney, during the course of the day, however, till date, Power of
Attorney, on behalf of the said respondent, has not been filed.
7. Despite repeated calls, neither, learned counsel,
appearing for the petitioner, has bothered to put appearance, nor
any one has put appearance, on behalf of respondents No.4 and
5.
8. Despite service, respondent No.4, who has put the
criminal machinery into motion, has not bothered to put
appearance before this Court. Meaning thereby, the genuineness
of the compromise, upon which, the present petition has been
filed, has been disputed by respondent No.4.
9. In such situation, when, there is nothing on record,
except the stand, taken by the petitioners, with regard to the
compromise, this Court has left with no other option, but to
dismiss the present petition.
10. Accordingly, the present petition is dismissed.
4 ( 2025:HHC:16347 )
Pending miscellaneous application(s), if any, also
stands disposed of.
(Virender Singh)
Judge
May 27, 2025
(subhash)
