Allowed

Ansarul Haq v. State of Hp and Others

Himachal Pradesh HC18 Jun 2024CRMMO/1097/2023

Case brief

AI extract

What is this about?

Petition to quash a traffic-offence FIR after the informant and injured entered into an amicable compromise. Both confirmed no objection in recorded statements. Relying on earlier High Court decisions quashing similar FIRs, the court quashed the FIR and consequent proceedings.

What did the court decide?

FIR No. 124/2023 dated 05.05.2023, Police Station Nalagarh, Solan, and consequent proceedings quashed

Ansarul Haq Vs State of Hp and Others — Quashing and FIR | Himachal Pradesh HC (2024)

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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Cr.MMO No. 1097 of 2023

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Reserved on: 11.6.2024

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Date of Decision: 18.06.2024

Ansarul Haq

....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? No

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For the Petitioner : Mr. Ashok Kumar, Advocate. For the Respondents : Ms. Aayushi Negi, Deputy Advocate General, for respondents No. 1 and 2/State. Mr. Ashok Kumar, Advocate, for respondents No.3 and 4.

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Rakesh Kainthla,Judge

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The petitioner has filed the present petition for

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quashing FIR No.124/2023 dated 5.5.2023 registered at Police Station, Nalagarh, District Solan, H.P. for the commission of offences punishable under Sections 279& 337 of IPC and Section

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187 of Motor Vehicles Act. It has been asserted that the parties

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

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have entered into a compromise amicably and in view of the same the complainant-informant and the injured do not want to proceed further with the matter. Hence, a prayer has been made to quash the FIR.

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The statements of informant Yashwant Chandel and the victim Himanshu Kumar Misra were recorded on 10.01.2024, in which they have stated that they had entered into the compromise (AnnexureP/2), which was effected without any influence from any person and in view of the compromise, they have no objection for quashing the FIR.

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This Court had quashed the F.I.R. registered for the commission of offences punishable under Sections 279, and 337 of IPC in Sushant vs State of H.P. Latest HLJ 2023 (HP)(1) 531, Vikas Hooda vs. State of H.P. 2023 STPL 3009 HP, Kulwidner Singh vs Ankush Kumar 2023 (1) Him. L.R. 348Nishant vs. State 2022 (Supp.) Shim. LC 45and others.

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4 Therefore, in view of these precedents, the present petition is allowed and F.I.R. No. 124 of 2023 dated 05.05.2023, registered at Police Station Nalagarh, District Solan, H.P. for the commission of offences punishable under Sections 279 and 337 of

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IPC and Section 187 of the M.V. Act and consequent proceedings arising out of the said FIR are ordered to be quashed .

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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 18^th June, 2024 (mamta)

Ansarul Haq v. State of Hp and Others

Case brief

What is this about?

What did the court decide?

Ansarul Haq v. State of Hp and Others

Case brief

What is this about?

What did the court decide?

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