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2025 DAILYLAW 12812 (HP)

KAPIL DEV v. ROHIT KUMAR AND OTHERS

CRMMO/403/2025 · 2025-07-15

Rakesh Kainthla

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:HHC:22701 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MMO No. 403 of 2025 Reserved on: 9.7.2025 Date of Decision: 15.07.2025 Kapil Dev ...Petitioner Versus Rohit Kumar and others ...Respondents Coram Hon’ble Mr Justice Rakesh Kainthla, Judge. Whether approved for reporting? No. For the petitioner : Mr. Sandeep Mahajan, Advocate. For respondents No.1 & 2 : Mr. Hitesh Raj, Advocate. For respondent No.3 : Mr. Ajit Sharma, Deputy Advocate General. Rakesh Kainthla, Judge The petitioner has filed the present petition for quashing of FIR No. 143 of 2023, dated 4.8.2023, registered at Police Station Dhalli, District Shimla, H.P. for the commission of offences punishable under Sections 279, 337 and 338 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:22701 2. It has been asserted that the parties have compromised the matter and have agreed not to proceed further in the matter. No fruitful purpose would be served by continuing with the prosecution; therefore, it was prayed that the present petition be allowed and the FIR and consequential proceedings arising out of the same be quashed. 3. Statements of the informant Rohit Kumar and the injured Bhagat Singh were recorded on 30.5.2025. They stated that the matter was compromised between them voluntarily without any influence from any person, and they have no objection in case the FIR is ordered to be quashed as per the compromise effected between them. 4. I have heard the learned counsel for the parties and have gone through the records carefully. 5. This Court has already quashed the F.I.R. registered for the commission of offences punishable under Sections 279 and 337 of IPC in Sushant vs State of H.P. 2023 HLJ 531, Vikas Huda vs. State of H.P. 2023 STPL 3009, Kulwidner Singh vs Ankush Kumar 2023 HLR 384 and Nishant vs. State 2022 Suppl. Law Cases 45 based on compromise. These judgments are binding on this Court. 3 2025:HHC:22701 6. Therefore, in view of these precedents, the present petition is allowed and FIR No. 143 of 2023, dated 4.8.2023, registered at Police Station Dhalli, District Shimla, H.P., for the commission of offences punishable under Sections 279, 337 and 338 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 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 15th July, 2025 (Chander)