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2025 DAILYLAW 24641 (HP)

JAI KUMAR v. STATE OF HP AND ANOTHER

CRMMO/1293/2024 · 2025-07-07

Rakesh Kainthla

body2025

Judgment text

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2025:HHC:21392 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MMO No. 1293 of 2024 Reserved on: 20.06.2025 Date of Decision: 07.07.2025 Jai Kumar ....Petitioner Versus State of H.P. & another ....Respondents Coram Hon’ble Mr. Justice Rakesh Kainthla, Judge. Whether approved for reporting? No. For the petitioner : Ms. Mahima Sharma, Advocate. For respondents : : Mr. Jatinder K. Sharma, Additional Advocate General for respondent No.1/State. Mr. Prince Verma, Advocate, for respondent No.2. Rakesh Kainthla,Judge The present petition has been filed under Section 528 of the Bhartiya Nagarik Suraksha Sanhita (BNNS), 2023, for quashing of F.I.R. No. 0038 of 2024, dated 18.05.2024, registered for the commission of offences punishable under Sections 279 and 337 of Indian Penal Code (IPC), at Police Station Kandaghat, District Solan, H.P. and consequent proceedings arising out of the F.I.R. _______________ Whether reporters of the local papers may be allowed to see the judgment? Yes 2 2025:HHC:21392 2. It has been asserted that the parties have settled the matter with the intervention of the elders of their respective families. The informant and injured do not want to proceed further with the matter because of the compromise. 3. The statement of Tarun Kumar/informant/injured and Deepak Kumar injured were recorded on 26.05.2025 in which they stated that they had compromised the matter voluntarily without any influence from any person, therefore, they do not want to proceed further with the matter in view of the compromise. 4. I have heard learned counsel for the parties and have gone through the records carefully. 5. This Court had 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 HLC 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 and others based on the compromise. These judgments are binding on this Court. 6. Therefore, in view of these precedents, the present petition is allowed and F.I.R. No. 0038 of 2024, dated 18.05.2024, registered for the commission of offences punishable under Sections 279 and 337 of 3 2025:HHC:21392 Indian Penal Code (IPC), at Police Station Kandaghat, District Solan, H.P. is ordered to be quashed. Consequent upon the quashing of FIR, criminal proceedings pending/initiated against the petitioner-accused in pursuance thereto, are also ordered to be 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 07th July, 2025 (ravinder)