RAKESH KUMAR AND ANOTHER v. STATE OF HP AND OTHERS
CRMMO/413/2025 · 2025-07-11
Rakesh Kainthla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 14653 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14653 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
( 2025:HHC:22384 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MMO No. 413 of 2025. Reserved on: 07.07.2025 Date of Decision: 11.07.2025. Rakesh Kumar & Anr. ...Petitioners Versus State of H.P. & Ors. ...Respondents Coram Hon’ble Mr Justice Rakesh Kainthla, Judge. Whether approved for reporting?1 No. For the Petitioners
: Ms. Pallavi
Sharma,
Advocate, vice Mr. Kul
Bhushan Khajuria, Advocate. For Respondent No.1/State : Mr. Jitender K. Sharma,
Additional Advocate General. For Respondents No.2 & 3 : Mr. P.K. Verma, Advocate. Rakesh Kainthla, Judge The petitioners have filed the present petition for quashing of FIR No. 14 of 2020, dated 31.01.2020, registered for the commission of offences punishable under Sections 353, 332, 323, and 325 read with Section 34 of the Indian Penal Code (IPC), at Police Station, Rohru, District Shimla, H.P. and the consequent proceedings arising out of the FIR. It has been 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes. 2( 2025:HHC:22384 ) asserted that the parties have settled the dispute with the intervention of the respectable people of the area. The informant has agreed not to proceed further with the complaint made by him. Hence, the petition. 2. The statements of the informant/victim, Suresh Kumar and the injured Raj Kumar were recorded on 04.06.2025, in which they stated that they had entered into a compromise voluntarily without any influence from any person. They did not want to proceed further with the matter because of the compromise having been effected between them. 3. I have heard Ms. Pallvi Sharma, learned vice counsel representing the petitioner, Mr. Jitender K. Sharma, learned Additional Advocate General, for respondent No.1-State and Mr. P.K. Verma, learned counsel for respondents No.2 & 3 and have gone through the records carefully. 4. The offences punishable under Sections 323 and 325 of the IPC are compoundable under Section 320 of the Cr.PC. This Court has already quashed the proceedings under Sections 353, 332 and 333 of IPC in Sumit Kumar Vs. State of H.P. (2020) SCC Online HP 436, Sections 323, 353 and 506 of IPC in Murari Lal Vs. State of H.P. (2023) HHC 628, and Sections 341 and 353 of IPC
3( 2025:HHC:22384 ) in Rakesh Kumar and another Vs. State of H.P., Cr.MMO No. 700 of 2019, decided on 1.1.2020. These judgments are binding upon this Court. 5.
In view of the binding precedents of this Court, the present petition is allowed and the FIR No. 14 of 2020, dated 31.01.2020, registered for the commission of offences punishable under Sections 353, 332, 323, 325, read with Section 34 of IPC, at Police Station, Rohru, District Shimla, H.P. and consequent proceedings arising out of the FIR are quashed. 6. Petition stands disposed of in the above terms, so also pending applications, if any. 7. 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 11th July, 2025 (Shamsh Tabrez)