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High Court of Himachal Pradesh · body

2025 DAILYLAW 22987 (HP)

VIVEK KUMAR v. STATE OF HP AND ANR

CRMMO/790/2025 · 2025-10-08

Rakesh Kainthla

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:HHC:34090 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MMO No. 790 of 2025 Reserved on: 25.9.2025 Date of Decision: 8.10.2025 Vivek Kumar ...Petitioner Versus State of H.P. and another ...Respondents Coram Hon’ble Mr Justice Rakesh Kainthla, Judge. Whether approved for reporting? 1 No. For the petitioner : Mr. Vinod Thakur, Advocate, Advocate. For respondent No.1/State : Mr. Jitender Sharma, Additional Advocate General. For respondent No.2 : Mr. Raman Sharma, Advocate. Rakesh Kainthla, Judge The petitioner has filed the present petition for quashing of FIR No. 57 of 2025, dated 21.3.2025, registered at Police Station Hamirpur, District Hamirpur, H.P., for the commission of an offence punishable under Section 305 of Bhartiya Nyaya Sanhita (BNS) and consequential proceedings 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes. 2 2025:HHC:34090 arising out of the said FIR based on the compromise effected between the parties. 2. It has been asserted that the informant and the accused have entered into a compromise after the registration of the FIR without any influence from any person. The continuation of the proceedings would amount to an abuse of the process of the Court; hence, the petition. 3. Statement of the informant/victim Nand Lal was recorded on 22.8.2025, in which he stated that the parties have entered into a compromise without any influence from any person, and he did not want to proceed any further because of the compromise. 4. I have heard learned counsel for the parties and have gone through the records carefully. 5. The offence punishable under Section 305 of BNS corresponds to Section 380 of IPC. This Court had already quashed the F.I.R. registered for the commission of offences punishable under Section 380 of IPC in Harsh Anand vs. State of H.P. & others 2020 STPL 5681 HP and Musharaf vs. State of H.P. 2022 STPL 9665 H.P., which are binding on this Court. 3 2025:HHC:34090 6. Therefore, in view of these precedents, the present petition is allowed and FIR No. 57 of 2025, dated 21.3.2025, registered at Police Station Hamirpur, District Hamirpur, H.P., for the commission of an offence punishable under Section 305 of BNS and consequential proceedings arising out of the said FIR 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 8th October, 2025 (Chander)