2024:HHC:7564
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr.MMO No. 596 of 2024
Reserved on: 13.08.2024
Date of Decision: 30.08. 2024.
Atul Kumar
....Petitioner
Versus
State of H.P. & Ors.
....Respondents
Coram
Hon’ble Mr. Justice Rakesh Kainthla, Judge.
Whether approved for reporting? No
For the petitioner : Mr. Vijay Kumar, Advocate, vice Mr.
Sanjeev Kumar Suri, Advocate.
For respondents : Ms. Ayushi Negi, Deputy Advocate
General for respondents No.1 to
3/State.
:
Ms. Abhilasha Kaundal, Advocate for
respondents No.4 and 5.
Rakesh Kainthla,Judge
The present petition has been filed under Section 482 of
Cr.P.C. for quashing of F.I.R. No. 102 of 2023, dated 09.06.2023, for the
commission of offences punishable under Sections 279 and 337 of IPC
registered at Police Station Dehra, 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
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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.
3. The statement of informant and injured were recorded on
11.07.2024 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. 102 of 2023, dated 09.06.2023, for the
commission of offences punishable under Sections 279, and 337 of IPC
registered at Police Station at Dehra, District kangra, H.P. is ordered to
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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 August, 2024
(ravinder)