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

Petition allowed; conviction and sentence awarded by JMFC Court No.3, Hamirpur on 27.06.2024 in Criminal Complaint No. 8-1-2019, as affirmed by the Sessions Judge, Hamirpur on 04.12.2024 (Criminal Appeal No. 112 of 2024) and by this Court in Criminal Revision No.21 of 2025 dated 23.09.2025, ordered to be quashed; pending miscellaneous application(s), if any, disposed of.

Issue for consideration

Whether the conviction and sentence of the petitioner, already finalised through criminal revision, can be quashed on the basis of the compromise effected between the parties.

Court's answer

In view of the binding Division Bench judgment in Chune Ram vs. Brikam Chand, 2025:HHC:38122 (decided 13.11.2025), the present petition is allowed.

Ratio / Principle

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. 8-1-2019 (Ajay Kumar Vs. Sunil Kumar), as affirmed by learned Sessions Judge, Hamirpur on 04.12.2024 in Criminal Appeal No. 112 of 2024 (Sunil Kumar Vs. Ajay Kumar) and by this Court in Criminal Revision No.21 of 2025 dated 23.09.2025, are ordered to be quashed.

Detailed headnote1 paragraphs

Cr. MMO No. 412 of 2026 (High Court of Himachal Pradesh, Shimla; Rakesh Kainthla, Judge, oral; decided 20.05.2026): Relying on the Division Bench decision in Chune Ram vs. Brikam Chand, 2025:HHC:38122 (decided 13.11.2025) — held binding on this Court — that a conviction can be quashed even after its finalisation in criminal revision where the parties have effected a compromise, the Court allowed the petition and ordered quashing of the conviction and sentence imposed on the petitioner Sunil Kumar by the Judicial Magistrate First Class, Court No.3, Hamirpur on 27.06.2024 in Criminal Complaint No. 8-1-2019 (Ajay Kumar Vs. Sunil Kumar), as affirmed by the Sessions Judge, Hamirpur on 04.12.2024 in Criminal Appeal No. 112 of 2024 (Sunil Kumar Vs. Ajay Kumar) and by this Court on 23.09.2025 in Criminal Revision No.21 of 2025. Counsel produced a receipt dated 14.05.2026 for deposit of ₹7,500/- (stated to be 15% of the cheque amount of ₹50,000/-) with the Member Secretary, H.P. State Legal Services Authority; the Court also recorded the statement that no money had been deposited. Pending miscellaneous applications were disposed of.

( 2026:HHC:18692 )

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Cr. MMO No. 412 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. 8-1-2019, 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:18692 )

learned Sessions Judge, Hamirpur, District Hamirpur, H.P. on 04.12.2024 in Criminal Appeal No. 112 of 2024, titled Sunil Kumar Vs. Ajay Kumar and this Court in Criminal Revision No.21 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. 8-1-2019, 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. 112 of 2024, titled Sunil Kumar Vs. Ajay Kumar and this Court in Criminal Revision No.21 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:18692 )

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)