Rajeev Vs State of Hp and Another

The petitioner has filed the present petition for quashing of FIR No. 152 of 2023, dated 21.07.2023, registered for the commission of offences punishable under Sections 279, 337 and 338 of the Indian Penal Code (hereinafter referred to as IPC) and Section 187 of the Motor Vehicles Act, 1988 (hereinafter referred to as MV Act) at Police Station Sadar, Hamirpur, District Hamirpur and the

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1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.

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( 2024:HHC:9544 )

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consequential proceedings arising out of the same as per the compromise. It has been asserted that the accident had taken place due to the negligence and misunderstanding of both parties in which the minor son of the informant had sustained injuries. The petitioner got him treated and now he is fit and fine. The parties had settled the matter amongst themselves with the intervention of the people. Hence, the present petition.

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The statement of the informant Dharmendra was recorded on 22.08.2024 in which he stated that he had reported the matter to the police regarding the injuries sustained by his son in the Motor Vehicle Accident. He had entered into a compromise with the petitioner on his behalf and on behalf of the minor. He admitted his thumb impression on the compromise deed (Annexure P-2).

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The State has filed a status report mentioning the details of the FIR and the steps taken by the police during the investigation. 4. I have heard Ms Godavri, learned vice counsel Ms. Suman Thakur, Advocate, for the petitioner, Ms Ayushi Negi, learned Deputy Advocate General for respondent No.1/State, Ms. Richa Sharma, learned counsel for respondent No.2.

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Ms Godavri, learned vice counsel for the petitioner submitted that the parties have settled their difference voluntarily

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( 2024:HHC:9544 )

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and they have no objection in case the FIR is ordered to be quashed based on the compromise. Hence, she prayed that the present petition be allowed and the FIR be quashed between the parties. 6. Ms Ayushi Negi, learned Deputy Advocate General, for respondents No. 1 /State submitted that the offences involve the society and is not a private dispute. Therefore, the FIR should not be quashed.

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Ms. Richa Sharma, learned counsel for respondent No. 2 adopted the submissions of Ms. Godavri, learned counsel for the petitioner and prayed that the FIR be quashed.

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I have given considerable thought to the submissions made at the bar and have gone through the records carefully.

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The statement of the informant shows that he had entered into a compromise with the accused voluntarily. He also identified his signatures on the compromise deed. 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, Kulwinder Singh vs. Ankush Kumar 2023 HLR384 and Nishant vs. State 2022 Suppl. Law Cases 45 and others based on compromise between the parties. These judgments are binding on this court.

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( 2024:HHC:9544 )

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Therefore, in view of these precedents, the present petition is allowed and FIR No. 152 of 2023, dated 21.07.2023, registered for the commission of offences punishable under Sections 279, 337 and 338 of IPC and Section 187 of MV Act at Police Station Sadar Hamirpur, District Hamirpur, H.P. is quashed. Consequent to the quashing of FIR, criminal proceedings pending/initiated against the petitioner-accused in pursuance thereto, are also quashed.

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Petition stands disposed of in the above terms, so also pending miscellaneous 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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^th October, 2024 (Nikita)

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Digitally signed by KARAN SINGH GULERIA Date: 2024.10.04 14:56:38 IST

Rajeev v. State of Hp and Another

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Rajeev v. State of Hp and Another

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