Ved Bhushan Vs State of Hp and Ors.

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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Cr. MMO No. 1273 of 2024 Reserved on: 07.05.2025 Date of Decision:02.06.2025

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Ved Bhushan ...Petitioner

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Versus State of H.P. & others ...Respondents

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Coram

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Hon’ble Mr Justice Rakesh Kainthla, Judge. Whether approved for reporting? No. For the petitioner : Mr.Vijender Katoch, Advocate For the respondents : Mr. Ajit Sharma, Deputy Advocate, General for respondent No.1/State. Mr Shivanshu Attri, Advocate, for respondents No. 2 to 5.

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Rakesh Kainthla, Judge

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The petitioner has filed the present petition for quashing of FIR No. 80 of 2023 dated 21.06.2023 registered for the commission of offences punishable under Sections 336 and 304-A of Indian Penal Code (IPC) at Police Station Gagret, District-Una, H.P. based on the compromise and consequent proceedings arising

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out of the said F.I.R .

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

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2

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It has been asserted that the informant/victim and legal representatives of the deceased entered into the compromise with each other and they have no objection in case F.I.R is ordered to be quashed.

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Statements of wife, son-informant, daughter of deceased were recorded on 11.03.2025, in which they have stated that they had settled the matter voluntarily without any influence from any person and they have no objection in case F.I.R as well as proceedings arising out of the same are ordered to be quashed based on the compromise effected between the parties.

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

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In the present case the F.I.R. was registered for the commission of offences punishable under Section 304-A of IPC and this Court had already quashed the F.I.R. registered for the commission of offences punishable under Sections 336 and 304-A of IPC in Ramalingam Sambanth & ors vs. State of H.P.2023: HHC5908, Madhuri Saini & anr vs. State of H.P. & others, CrMMO No. 885 of 2024 decided on 14^th November, 2024. These judgments are binding on this Court. Further, Delhi High Court quashed the F.I.R.

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3

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for the commission of offences punishable under Section 304-A of

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IPC, inter alia, in Sunil Kumar Sharma & anr vs. State of H.P. & Ors. 2025 Supreme(Online) (DEL) 830 and Inderjit Kaur & another vs. The State NCT of Delhi and ors. 2024 Supreme(Online)(Del) 5497. The High Court of Punjab and Haryana also quashed the F.I.R. registered for the commission of offence punishable under Section 304-A of IPC in Gurdev Singh vs State of Punjab & anr. 2024 0 Supreme(P&H) 1313.

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6. In view of the judgments passed by this Court, which are binding on this Court and persuasive judgments of the Delhi High Court and the High Court of Punjab and Haryana, the present petition is allowed, and the FIR No. 80 of 2023 dated 21.06.2023, registered for the commission of offences punishable under Sections 336 and 304-A of Indian Penal Code (IPC) at Police Station Gagret, District-Una, H.P. as well as consequential proceedings arising out of F.I.R. are quashed.

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