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2025 DAILYLAW 12731 (HP)

RAKESH KUMAR AND ANR v. STATE OF HP AND OTHERS

CRMMO/321/2025 · 2025-08-06

Rakesh Kainthla

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:HHC:26394 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MMO No. 321 of 2025 Reserved on: 31.7.2025 Date of Decision: 06.08.2025 Rakesh Kumar and another ...Petitioners Versus State of H.P. and others ...Respondents Coram Hon’ble Mr Justice Rakesh Kainthla, Judge. Whether approved for reporting? No. For the petitioner : Mr. Pawan Kumar Thakur, Advocate. For respondent No.1 : Mr. Prashant Sen, Deputy Advocate General. For respondents No. 2 to 5 : Mr. Jeevan Kumar, Advocate, vice Ms. Vandana Kumari, Advocate. Rakesh Kainthla, Judge The petitioner has filed the present petition for quashing of FIR No. 85 of 2023, dated 8.9.2023, registered at Police Station Rekong Peo, District Kinnaur, H.P. for the commission of offences punishable under Sections 336 and 427 of the Indian Penal Code (IPC) and consequential proceedings arising out of the said F.I.R. based on the compromise effected between the parties. 2 2025:HHC:26394 2. It has been asserted that the parties have entered into a compromise with the indulgence of the respectable persons of the society. The informant does not want to proceed further with the matter. Hence the petition. 3. Statement of the informant/victim Avinash Negi was recorded on 18.6.2025, in which he stated that he had entered into a compromise with the accused voluntarily without any influence from any person and does not want to proceed further with the matter because of the compromise effected between the parties. 4. I have heard learned counsel for the parties and have gone through the records carefully. 5. The offence punishable under Section 427 of the IPC is compoundable under Section 320 of Cr.P.C. This Court had already quashed the F.I.R. under Section 336 of IPC, inter alia, in Naryan Singh vs State of Himachal Pradesh and others 2022 STPL 9676 HP and Rajeev Kumar vs State of H.P. & another 2019(1) Shim.LC22 based on the compromise. These judgments are binding on this Court. 6. Therefore, in view of these precedents, the present petition is allowed and FIR No. 85 of 2023, dated 8.9.2023, 3 2025:HHC:26394 registered at Police Station Rekong Peo, District Kinnaur, H.P., for the commission of offences punishable under Sections 336 and 427 of the IPC and consequential proceedings arising out of the said F.I.R. are quashed. 7. Petition stands disposed of in the above terms, so also pending miscellaneous 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 the Website of the High Court. (Rakesh Kainthla) Judge 6th August 2025 (Chander)