Single Judge quashed an old criminal FIR and consequential proceedings because the parties had compromised the dispute and were living peacefully.
FIR No.87 of 2011 and all consequential proceedings quashed; bail bonds cancelled and discharged.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr.MMO No.64 of 2021 Reserved on : June 18, 2021 Date of Decision: July 5, 2021
Pawan Kumar and others
...Petitioners.
Versus
State of Himachal Pradesh and others
...Respondents.
Coram: The Hon’ble Mr. Justice Anoop Chitkara, Judge.
Whether approved for reporting?1 NO
For the petitioner: Mr. Naveen Awasthi, Advocate.
For the respondents: Mr. Nand Lal Thakur, Additional Advocate General, for the State.
Mr. Sanket Sankhyan, Advocate, for Respondent No.2Complainant.
| FIR No. | Dated | Police Station | Sections |
|---|---|---|---|
| 87 of |
14.5.2011 | Barmana, District Bilaspur, | 147, 148, 149, 323, |
| 2011 | H.P. | 341 & 382 IPC |
Anoop Chitkara, Judge
On 14.5.2011, the above mentioned Police Station received a telephonic information that a scuffle had taken place with a Driver at Bakharighat Lagat. On receipt of this information, the police team reached at the spot. On reaching the spot, Dinesh Kumar, second respondent herein, informed the
1 Whether reporters of Local Papers may be allowed to see the judgment?
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police that he is a Driver and has his own truck. On the night of 14.5.2011 at around 12:15 midnight, he was carrying cement from Cement Plant, Barmana and was leading towards Vehli Kullu and when his vehicle reached at Bakharighat, then he noticed one Maruti car parked on the road. 3-4 persons alighted from the said car and started beating him. Out of those persons he knew one whose name was Rahul, petitioner No.3 (A-3). Dinesh Kumar further informed the police that he has received various injuries due to fist, kick and Danda blows. He also told that the assailants have also taken away his mobile phone, purse containing Rs.12,340/- and a gold ring. Based on this information, the police arraigned the following persons as accused:-
Station launched the prosecution and filed report under Section 173 Cr.PC against five persons.
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and the victim entered into a written compromise between them. As per this compromise, the complainant agreed to withdraw the complaint filed at his instance.
REASONING
criminal proceedings and consequently this petition is allowed and FIR No.87
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of 2011 dated 14.5.2011, registered under Sections 147, 148, 323, 341 and 382 all read with Section 149 of the Indian Penal Code at Police Station, Barmana, Bilaspur is quashed. Since the FIR is quashed, all the consequential proceedings are also quashed and set aside. The bail bonds are accordingly cancelled and discharged.
Pending application(s), if any, are also disposed of.
Anoop Chitkara, Judge
July 5 , 2021 ( ks ).
1 issue framed by the court
Whether criminal proceedings should be quashed in light of a decade-old incident where the parties have reached a compromise and are living in harmony.
2 provisions across 2 enactments
Pawan Kumar and others
State of Himachal Pradesh
Dinesh Kumar
Anoop Chitkara
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
