2025:HHC:27081 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MMO No. 487 of 2025 Reserved on: 06.08.2025 Date of Decision: 12.08.2025 Avinash Menon & others ...Petitioners Versus State of Himachal Pradesh and another ...Respondents Coram Hon’ble Mr Justice Rakesh Kainthla, Judge. Whether approved for reporting?1 No. For the Petitioners : Mr. Vikas Rathore, Advocate. For the Respondents : Mr. Lokender Kutlehria, Additional Advocate General Rakesh Kainthla, Judge The petitioners have filed the present petition for quashing of F.I.R. No. 337 of 2020, dated 02.09.2020, registered for the commission of offences punishable under Sections 384, 465, 341 & 506 read with Section 34 of Indian Penal Code (IPC) and Section 3(1) (Za) (e) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC&ST Act) at Police Station Sadar Una, District Una, H.P.. It has been asserted that the matter 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes. 2025:HHC:27081 has been compromised between the parties. Hence, the present petition. 2. Statement of complainant/respondent No.2 Leeladhar was recorded on 26.06.2025, in which he stated that he had compromised the matter with the accused persons voluntarily without any influence from any person, and he has no objection in case F.I.R. as well as proceedings arising out of the F.I.R. are ordered to be quashed. 3. I have heard learned counsel for the parties and have gone through the records carefully. 4. Perusal of the status report shows that the informant made a complaint that members of the New Himachal Heavy Medium & Light Goods Truck Co-Op Transport Society Ltd., and Pekhubela Truck Tanker Transport Co-Operative Society Limited do not permit the informant’s vehicle to load oil. They also seek Gunda Tax in the name of the union. The police conducted an investigation and found that New Himachal Heavy Medium & Light Goods Truck Co-Op Transport Society Ltd., Vishwakarma Truck Tanker Society and Pekhubela Truck Tanker Transport Co- 2025:HHC:27081 Operative Society Limited prevented the vehicles of Ashoka Filling Station Bhuntar, Kullu, District Kullu, H.P., Mahadev Filling Station Pekhubela and Hind Oil Carrier, Bangana. The members of the Truck Union also collected ₹100/- as Gunda Tax. The members of the Truck Union were preventing the eligible persons from loading the oil to disqualify them and declare them defaulter. Sudarshan Kumar, Manager, Hind Oil Carrier Bangana, also made a complaint regarding the obstruction of his vehicles 5. It is apparent from the perusal of the status report that Ashoka Filling Station, Bhuntar, Kullu, Mahadev Filling Station Pekhubela and Hind Oil Carrier, Bangana were affected by the activities of the Union. The informant Leeladhar is the Manager of Ashoka Filling Station, Bhuntar, Kullu, District Kullu, H.P. and one of the victims. The other victims are not before the Court, and it is impermissible to quash the F.I.R. without hearing them and without recording their consent. 6. Since the F.I.R. is being sought to be quashed based on the compromise, therefore, the consent of all the victims is necessary, and in the absence of consent of other affected parties, the F.I.R. cannot be quashed. 2025:HHC:27081 7. Consequently, the present petition fails and the same is dismissed. 8. The observations made heretofore shall remain confined to the disposal of the petition and will have no bearing, whatsoever, on the merits of the case. (Rakesh Kainthla) Judge 12th August 2025 (ravinder)