Research › Search › Judgment

High Court of Himachal Pradesh · body

2025 DAILYLAW 21782 (HP)

PAWAN KUMAR v. STATE OF HP AND ANOTHER

CRMMO/721/2025 · 2025-08-18

Virender Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MMO No. 721 of 2025 Decided on : 18.08.2025 Pawan Kumar …Petitioner Versus State of H.P. & Anr. …Respondents Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the petitioner : Petitioner Pawan Kumar produced in the custody of Constable Amit No. 503 and Constable No. Devraj No. 695 of Model Central Jail Kanda, with Mr. Rajesh Kumar Parmar, Advocate. For the respondents : Mr. Varun Chandel, Mr. Mohinder Zharaick and Mr. H.S. Rawat, Additional Advocates General, for respondent No.1/State. Respondent No. 2 in person with Mr. Gaurav Thakur, Advocate. Virender Singh, Judge Petitioner Pawan Kumar has approached this Court, under Section 528 of the Bharatiya Nagarik 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), for quashing of FIR No. 34 of 2022 dated 12.05.2022, under Sections 341, 323, 506 of Indian Penal Code, (hereinafter referred to as “FIR in question”) registered with Police Station Arki, District Solan, H.P., as well as, the proceedings resultant thereto, which are pending in the Court of learned Judicial Magistrate First Class, Arki, District Solan, H.P. (hereinafter referred to as “the learned trial Court”), on the basis of the compromise, which is stated to have taken place between the petitioner and respondent No. 2. 2. The present petition has been filed by the petitioner on the ground that on 12.05.2022, on the statement of respondent No. 2, FIR in question was registered against him, in which, the police has conducted the investigation and submitted charge sheet before the learned trial Court. It is his further case that during the pendency of those proceedings, matter has now been compromised with the intervention of the respectable members of the society and on the basis of compromise, a prayer for quashing of the FIR has been made. 3 3. When put to notice, police filed the status report, disclosing therein, that on 12.05.2022, respondent No. 2 Sanjay Kumar appeared before the police and moved a complaint, disclosing therein, that he is resident of Village Arki and serving as conductor on a private bus, bearing No. HP11-9732, enroute from Malawan to Arki. As per the complainant, the said bus reached at Arki at about 1:40 pm. Thereafter, the complainant deboarded the same in order to facilitate the driver to park the bus at bus- stand. Meanwhile, the accused came there and started beating him with fists and kick blows and also threatened to finish him. Due to the said beatings, the complainant suffered injuries over his eyes. On the basis of above facts, the police registered the FIR. The complainant was medically examined. Accused was arrested and bound down under Section 41-A of Cr.P.C. Thereafter, on the completion of investigation, police has filed the charge- sheet, which is pending before the learned trial Court. 4. Complainant has been impleaded as respondent No. 2 in this case, who has put appearance along with his Counsel. Respondent No. 2 has made a categorical 4 statement that he and petitioner are neighbours and on account of scuffle, he had lodged the FIR against the petitioner, upon which the police registered the FIR in question and conducted the investigation. After the investigation, charge-sheet has been filed, which is pending before the learned trial Court. 5. According to respondent No. 2, with the intervention of respectables of the society, the matter has now been compromised in terms of compromise Ext. P-X, which bears his signatures encircled red at point A. The said compromise is stated to have been effected between the parties in order to maintain their cordial relations. He has also deposed that the compromise has been effected, out of his sweet free will and without any coercion. 6. Similar type of statement has also been made by the petitioner. 7. Heard. 8. Respondent No. 2, who, at one point of time, had alleged against the petitioner and on his statement, FIR in question has been registered against the petitioner, today appears before the Court, and reiterated the said 5 factual position, however, he has stated that now, with the intervention of respectable persons of the society, the matter has been compromised. This Court is satisfied with regard to the genuineness of the compromise between the parties and it seems that the compromise is being effected in order to maintain future cordial relations. 9. The primary purpose of law is to maintain peace and harmony in the society. When, the petitioner and respondent No. 2 have buried all their disputes, by compromising the matter, then, permitting the proceedings to continue, before the learned trial Court, would be nothing, but, abuse of the process of law. 10. Even otherwise, acceptance of the compromise, by this Court, will save the precious judicial time of the learned trial Court, which, the learned trial Court will be in a position to devote for the decision of some other serious matters, pending before it. 11. Considering all these facts, the present petition is allowed and FIR No. 34/2022, dated 12.05.2022, registered with Police Station Arki, District Solan, H.P., under Sections 341, 323, 506 of the IPC, as well as, the 6 proceedings, resultant thereto, pending before the learned trial Court, are ordered to be quashed. 12. The compromise deed, Ext. P-X, and the statements of the parties, recorded today, shall form part of the judgment. 13. Pending miscellaneous applications, if any, shall also stand disposed of accordingly. ( Virender Singh ) Judge August 18, 2025 (Pramod)