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2025 DAILYLAW 12501 (HP)

TUNGESHWAR KUMAR v. STATE OF HP AND ANR

CRMMO/315/2025 · 2025-06-04

Rakesh Kainthla

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

( 2025:HHC:17725 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MMO No.315 of 2025. Reserved on: 28.05.2025. Date of Decision: 04.06.2025 Tungeshwar Kumar ...Petitioner Versus State of H.P. & Anr. ...Respondents Coram Hon’ble Mr Justice Rakesh Kainthla, Judge. Whether approved for reporting? No. For the petitioner : Mr. Prem Chand Verma, Advocate. For the respondents : Mr. Jitender Sharma, Additional Advocate General for respondent No.1/State. Mr. Varun Thakur, Advocate, for respondent No.2. Rakesh Kainthla, Judge The present petition has been filed under Section 528 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023 for quashing of F.I.R. No. 15 of 2025, dated 10.03.2025, registered at Police Station Arki, District Solan, H.P. for the commission of offences punishable under Sections 281 & 125(a) of Bhartiya Nyaya Sanhita (in short “BNS”) and Section 187 of the Motor Vehicles Act (in short “MV Act”), and consequent proceedings 2( 2025:HHC:17725 ) arising out of the said F.I.R. based on compromise effected between the parties. 2. It has been asserted that the informant, Ramwati (respondent No.2), made a complaint to the police regarding the accident. The matter was compromised between the parties with the intervention of respectable persons of the society. The parties do not want to proceed further with the FIR after the compromise. Hence, the petition. 3. The statement of the informant-injured was recorded on 30.04.2025, in which she stated that the matter was voluntarily compromised between the parties, and she has no objection if the FIR is ordered to be quashed based on the compromise. 4. I have heard learned counsel for the parties and have gone through the records carefully. 5. The offence punishable under Section 125A of BNS corresponds to Section 337 of IPC, and the offence punishable under Section 281 of BNS corresponds to Section 279 of IPC. This Court has already quashed the FIR registered for the commission of offences punishable under Sections 279 and 337 of IPC and 187 of MV Act inter alia 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, Sandeep Kumar vs. State of H.P. 2023 STPL 3( 2025:HHC:17725 ) 10673 HP, Vijender Mehta vs. State of HP.2023 STPL 9009 HP, Parihar vs. State of HP 2023 STPL 446 HP and Nishant vs. State 2022 Suppl. Law Cases 45 based on compromise. Law Cases 45 based on compromise. These judgments are binding on this Court. 6. Therefore, in view of these precedents, the present petition is allowed and the F.I.R. No. 15 of 2025, dated 10.03.2025 registered for the commission of offences punishable under Sections 281 & 125(a) of BNS and Section 187 of MV Act, at Police Station Arki, District Solan, H.P and consequent proceedings arising out of the said F.I.R. are quashed. Consequent upon the quashing of the FIR, criminal proceedings pending/initiated against the petitioner-accused in pursuance thereto are also quashed. 7. Petition stands disposed of in the above terms, so also pending applications, if any. 8. 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 04th June, 2025 (Shamsh Tabrez)