Allowed

Sushma Gautam v. State of Hp and Others

Himachal Pradesh HC10 Jun 2024CRMMO/10/2024

Case brief

AI extract

What is this about?

In a petition under Section 482 CrPC filed by a motor vehicle accident petitioner, the High Court quashed the FIR upon recording statements confirming a compromise between the parties and citing relevant precedents.

What did the court decide?

FIR No. 28 of 2021 and consequent proceedings for offences under Sections 279, 337 and 338 IPC and Section 181 MV Act ordered to be quashed.

Sushma Gautam Vs State of Hp and Others — Motor Accident Claims | Himachal Pradesh HC (2024)

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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Cr.MMO No. 10 of 2024 Date of Decision: 10.06.2024

Sushma Gautam

....Petitioner

Versus

State of Himachal Pradesh & others

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....Respondents

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Coram

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Hon’ble Mr Justice Rakesh Kainthla, Judge. Whether approved for reporting?

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For the Petitioner : Mr. Anirudh Sharma, Advocate. For the Respondents : Mr. Lokender Kutlehria, Additional Advocate General, for respondent No. 1/State. Ms. Rinki Kashmiri, Advocate, for respondents No. 2 and 3.

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Rakesh Kainthla,Judge (Oral)

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The informant-Nishant Chandel made a complaint to

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the police stating therein that on 10.02.2021, at about 06:25 p.m. near rain shelter, Luhnu Sports Ground, Tehsil Sadar, District Bilaspur (HP), a vehicle bearing registration No. HP-37G-4523 hit respondent No.3, Ritesh Kumar, who had sustained injuries. The vehicle was being driven by the petitioner-Sushma Gautam at the

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Whether reporters of the local papers may be allowed to see the judgment? Yes

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time of the accident, who has approached this Court by way of the present petition filed under Section 482 of Cr.PC for quashing the FIR No. 28 of 2021 dated 10.02.2021, registered at Police Station Sadar, District Bilaspur, H.P. for the commission of offences punishable under Sections 279 and 337 of IPC and Section 181 of the M.V. Act on the ground that the matter has been settled between the parties and the same had arisen due to some misunderstanding between the parties.

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Statements of Nishant Chandel–informant and Ritesh

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Kumar injured have been recorded on 11.01.2024 in which they have stated that they had entered into the compromise (Annexure P/4), which was effected without any influence from any person and now, they do not want to proceed further in the matter in view of the compromise.

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This Court 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.

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4 Therefore, in view of these precedents, the present

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petition is allowed and F.I.R. No. 28 of 2021 dated 10.02.2021, registered at Police Station Sadar, District Bilaspur, H.P. for the commission of offences punishable under Sections 279 and 337 of IPC and Section 181 of the M.V. Act and consequent proceedings arising out of the said FIR are ordered to be quashed. A copy of this order be sent to the learned Trial Court for information.

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Petition stands disposed of in the above terms, so also pending applications, if any.

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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.

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(Rakesh Kainthla) Judge

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10^th June, 2024 (mamta/tabrez)

Sushma Gautam v. State of Hp and Others

Case brief

What is this about?

What did the court decide?

Sushma Gautam v. State of Hp and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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