Sanjay Kumar Vs State of Hp and Others — Himachal Pradesh HC (2024) — LawSathi Research

Sanjay Kumar Vs State of Hp and Others — Himachal Pradesh HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of F.I.R. No. 0179 of 2022, dated 29.05.2022 (Sections 279 & 337 IPC, Police Station Una Sadar, District Una, H.P.), and of all consequent criminal proceedings against the petitioner-accused; petition stands disposed of in the above terms, so also pending applications, if any.

Issue for consideration

Whether F.I.R. No. 0179 of 2022, dated 29.05.2022 (Sections 279 & 337 IPC, Police Station Una Sadar, District Una, H.P.), and the consequent proceedings arising therefrom should be quashed on the basis of the compromise effected between the parties.

Court's answer

This Court's earlier judgments quashing FIRs for offences punishable under Sections 279, 337 and 338 IPC on the basis of compromise are binding on this Court.

Ratio / Principle

In view of those precedents, the petition is allowed and F.I.R. No. 0179 of 2022, dated 29.05.2022, for offences punishable under Sections 279 & 337 IPC registered at Police Station Una Sadar, District Una, H.P., is ordered to be quashed.

Key takeaways

Consequent upon the quashing of the FIR, criminal proceedings pending/initiated against the petitioner-accused in pursuance thereof are also ordered to be quashed.ratio¶24

Detailed headnote1 paragraphs

Criminal miscellaneous petition (Cr.MMO No. 594 of 2024) under Section 482 Cr.P.C. seeking quashing of F.I.R. No. 0179 of 2022, dated 29.05.2022, Police Station Una Sadar, District Una, H.P., for offences punishable under Sections 279 & 337 IPC, on the basis of compromise between the parties. The informant and the injured, whose statements were recorded on 12.07.2024, confirmed that the compromise was voluntary, without influence from any person, and that they had no objection to quashing. Relying on its own earlier decisions 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 — which the Court held binding on it — the Court allowed the petition, quashed the FIR and all consequent criminal proceedings against the petitioner-accused, and disposed of the petition together with pending applications, if any. (Rakesh Kainthla, J.; decided 17.09.2024; Neutral Citation 2024:HHC:8623.)

Neutral Citation No. ( 2024:HHC:8623 )

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Cr.MMO No. 594 of 2024 Reserved on: 22.08.2024 Date of Decision: 17.09. 2024.

Sanjay Kumar

....Petitioner

Versus

State of H.P. & Ors.

....Respondents

Coram

Hon’ble Mr. Justice Rakesh Kainthla, Judge. Whether approved for reporting? No.

For the petitioner	:	Mr. Sanje	ev Kumar Suri, Adv	ocate.
For the respondents	: :	Mr. Ajit General 3/State. None for	Sharma, Deputy for respondents the complainant.	Advoc No.1	ate to

Rakesh Kainthla,Judge

The present petition has been filed under Section 482 of Cr.P.C. for quashing of F.I.R. No. 0179 of 2022, dated 29.05.2022, for the commission of offences punishable under Sections 279 & 337 of IPC, registered at Police Station Una Sadar, District Una, H.P. and consequent proceedings arising out of the said F.I.R based on compromise effected between the parties.

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

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Neutral Citation No. ( 2024:HHC:8623 )

It has been asserted that the matter has been compromised between the parties voluntarily and in view of the compromise, the FIR be quashed.

The statements of informant and injured were recorded on 12.07.2024 in which they have stated that the matter had been compromised between the parties voluntarily without any influence from any person and they have no objection, in case the FIR lodged against the petitioner/accused is ordered to be quashed.

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

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, Kulwidner Singh vs Ankush Kumar 2023 HLR 384 and Nishant vs. State 2022 Suppl. Law Cases 45 and others based on the compromise. These judgments are binding on this Court.

6 Therefore, in view of these precedents, the present petition is allowed and F.I.R. No. 0179 of 2022, dated 29.05.2022, for the commission of offences punishable under Sections Sections 279 & 337 of IPC, registered at Police Station Una Sadar, District Una, H.P. is ordered to be quashed. Consequent upon the quashing of FIR, criminal

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Neutral Citation No. ( 2024:HHC:8623 )

proceedings pending/initiated against the petitioner-accused in

pursuance thereto, are also ordered to be 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

17^th September, 2024

(ravinder)