Sunil Kumar Vs Ajay Kumar and Another — Himachal Pradesh HC (2026) — LawSathi Research

Sunil Kumar Vs Ajay Kumar and Another — Himachal Pradesh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of the conviction and sentence awarded by the Judicial Magistrate First Class, Court No.3, Hamirpur, H.P. on 27.06.2024 in Criminal Complaint No. 7-1-2019, as affirmed by the Sessions Judge, Hamirpur (Criminal Appeal No. 113 of 2024) and by this Court (Criminal Revision No. 20 of 2025); pending miscellaneous application(s), if any, also disposed of.

Issue for consideration

Whether the conviction and sentence can be quashed even after finalisation in criminal revision, based on the compromise effected between the parties.

Court's answer

The Division Bench judgment in Chune Ram vs. Brikam Chand (2025:HHC:38122, decided 13.11.2025) is binding upon this Court, and in view of it the present petition is allowed.

Ratio / Principle

The conviction and sentence awarded by the Judicial Magistrate First Class, Court No.3, Hamirpur, H.P. on 27.06.2024 in Criminal Complaint No. 7-1-2019, as affirmed by the Sessions Judge, Hamirpur on 04.12.2024 and by this Court in Criminal Revision No. 20 of 2025 dated 23.09.2025, are ordered to be quashed.

Detailed headnote1 paragraphs

Criminal Miscellaneous Motion, High Court of Himachal Pradesh, Shimla (Cr. MMO No. 410 of 2026, decided orally on 20.05.2026 by Hon'ble Mr Justice Rakesh Kainthla): relying on the Division Bench decision in Chune Ram vs. Brikam Chand, 2025:HHC:38122 (decided 13.11.2025), expressly described as binding upon this Court, the petitioner/convict Sunil Kumar obtained quashing of his conviction and sentence awarded by the Judicial Magistrate First Class, Court No.3, Hamirpur, H.P. on 27.06.2024 in Criminal Complaint No. 7-1-2019 (Ajay Kumar Vs. Sunil Kumar), which had been affirmed by the learned Sessions Judge, Hamirpur on 04.12.2024 in Criminal Appeal No. 113 of 2024 and by this Court in Criminal Revision No. 20 of 2025 dated 23.09.2025, on the basis of the compromise effected between the parties. A receipt dated 14.05.2026 evidencing deposit of ₹7,500/- (15% of the cheque amount of ₹50,000/-) issued by the Member Secretary, H.P. State Legal Services Authority was taken on record, though it was stated that no money has been deposited. Pending miscellaneous application(s), if any, were disposed of accordingly.

( 2026:HHC:18691 )

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Cr. MMO No. 410 of 2026

Date of Decision: 20.05.2026.

Sunil Kumar ... Petitioner Versus Ajay Kumar & anr. ...Respondents

Coram

Hon’ble Mr Justice Rakesh Kainthla , Judge. Whether approved for reporting?¹

For the Petitioner : Mr. Yug Singhal, Advocate and Ms. Ananya Kiran Sharma, Advocate For the Respondents : Mr. Jitender Sharma, Additional Advocate General.

Rakesh Kainthla, Judge (Oral)

Learned counsel for the applicant/convict has produced the receipt dated 14.05.2026, issued by Member Secretary, H.P. State Legal Services Authority, Kasumpti, Shimla, regarding the deposit of ₹7,500/- being the 15% of the cheque amount of ₹50,000/-, which is taken on record.

The record shows that the petitioner/accused was convicted and sentenced by learned Judicial Magistrate First Class, Court No.3, Hamirpur, H.P. on 27.06.2024, in Criminal Complaint No. 7-1-2019, titled Ajay Kumar Vs. Sunil Kumar, as affirmed by

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

2

( 2026:HHC:18691 )

learned Sessions Judge, Hamirpur, District Hamirpur, H.P. on 04.12.2024 in Criminal Appeal No. 113 of 2024, titled Sunil Kumar Vs. Ajay Kumar & anr. and this Court in Criminal Revision No. 20 of 2025, titled Sunil Kumar Vs. Ajay Kumar and another, dated 23.09.2025.

The Division Bench of this Court held in Chune Ram vs. Brikam Chand, 2025:HHC:38122 decided on 13.11.2025 that the Court can quash the conviction even after its finalization in criminal revision based on the compromise effected between the parties. This judgment is binding upon this Court.

In view of this judgment, the present petition is allowed and the conviction and sentence awarded by learned Judicial Magistrate First Class, Court No.3, Hamirpur, H.P. on 27.06.2024, in Criminal Complaint No. 7-1-2019, titled Ajay Kumar Vs. Sunil Kumar, as affirmed by learned Sessions Judge, Hamirpur, District Hamirpur, H.P. on 04.12.2024 in Criminal Appeal No. 113 of 2024, titled Sunil Kumar Vs. Ajay Kumar and anr. and this Court in Criminal Revision No.20 of 2025, titled Sunil Kumar Vs. Ajay Kumar and another, dated 23.09.2025, are ordered to be quashed.

It has been stated that no money has been deposited.

3

( 2026:HHC:18691 )

In view of the above, the present petition is disposed of,

so also the pending miscellaneous application(s), if any .

(Rakesh Kainthla) Judge

20^th May, 2026 (Ritu)