Vivek Kumar Vs State of Hp and Another — Motor Accident Claims | Himachal Pradesh HC (2024)

Vivek Kumar Vs State of Hp and Another — Motor Accident Claims | Himachal Pradesh HC (2024)

What the court decided

AI extract

Outcome

Quashing of F.I.R. No. 47 of 2023 dated 19.05.2023 (Police Station Bangana, District Una, H.P.) and of consequent criminal proceedings pending/initiated against the petitioner-accused; petition and pending applications, if any, disposed of accordingly.

Issue for consideration

Whether F.I.R. No. 47 of 2023 dated 19.05.2023, registered at Police Station Bangana, District Una, H.P. for offences punishable under Sections 279, 337 and 338 IPC and Section 181 of the Motor Vehicles Act, together with consequent proceedings, should be quashed on the basis of the compromise effected between the parties.

Court's answer

In view of its precedents (Sushant, Vikas Huda, Kulwidner Singh, Nishant), the present petition is allowed and F.I.R. No. 47 of 2023 dated 19.05.2023, registered at Police Station Bangana, District Una, H.P., for offences under Sections 279, 337 and 338 IPC and Section 181 of the Motor Vehicles Act, is quashed.

Ratio / Principle

Consequent to the quashing of the FIR, criminal proceedings pending/initiated against the petitioner-accused in pursuance of the said FIR are also quashed.

Detailed headnote1 paragraphs

Quashing of FIR on compromise — Petition under Section 482 Cr.P.C. by the accused (Vivek Kumar) sought quashing of F.I.R. No. 47 of 2023 dated 19.05.2023, registered at Police Station Bangana, District Una, H.P., for offences punishable under Sections 279, 337 and 338 IPC and Section 181 of the Motor Vehicles Act, on the ground of a voluntary compromise between the parties. Statements of the parties recorded on 02.05.2024 confirmed the compromise was voluntary and that they had no objection to quashing. Relying on its precedents — 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 HLR384 and Nishant vs. State 2022 Suppl. Law Cases 45 — the Court allowed the petition, quashed the FIR and also quashed the consequent criminal proceedings pending/initiated against the petitioner-accused. Parties permitted to produce a copy of the judgment downloaded from the High Court's webpage in lieu of a certified copy.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Cr.MMO No. 200 of 2024 Date of Decision: 14^th June, 2024

Vivek Kumar

....Petitioner

Versus

State of Himachal Pradesh & ors.

....Respondents

Coram

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

For the Petitioner	: Mr.Surender Singh Saklani, Advocate.
For Respondent No.1	: Mr. Prashant Sen, Deputy Advocate General.
For Respondents No.2 & 3	: Mr. Amit Jamwal, Advocate.

Rakesh Kainthla,Judge (oral)

The present petition has been filed under Section 482 of Cr.P.C. for quashing the F.I.R. No. 47 of 2023 dated 19.05.2023, registered at Police Station Bangana, District Una, H.P. for the commission of offences punishable under Sections 279, 337 and 338 of Indian Penal Code and Section 181 of the Motor Vehicles Act and consequent proceedings arising out of the said F.I.R based on compromise effected between the parties.

It has been submitted that the matter has been compromised voluntarily between the parties and in view of the same, the FIR No.47 of 2023 dated 19.05.2023 be quashed.

The statements of the parties were recorded on 02.05.2024, in which, they had stated that the matter was compromised voluntarily between them and they have no objection, in case, the FIR No.47 of 2023 is ordered to be quashed.

I have heard the learned counsel for the parties and gone through the record carefully.

This Court had quashed the F.I.R. registered for the commission of offences punishable under Sections 279, 337, 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 HLR384 and Nishant vs. State 2022 Suppl. Law Cases 45 and others.

6 Therefore, in view of these precedents, the present petition is allowed and F.I.R. No. 47 of 2023 dated 19.05.2023, registered at Police Station Bangana, District Una, H.P. for the commission of offences punishable under Sections 279, 337 and 338 of Indian Penal Code and Section 181 of the Motor Vehicles Act is quashed. Consequent to the quashing of FIR, criminal proceedings

pending/initiated against the petitioner-accused in pursuance thereto, are also quashed.

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

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

14^th June, 2024 (saurav pathania)