Extracted from the PDF above. The PDF is authoritative.
2025:HHC:36822
_____________________ Whether reporters of the local papers may be allowed to see the judgment? Yes
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr.MMO No. 573 of 2025
Reserved on: 16.10.2025
Date of Decision: 03.11.2025
Anil Kumar & another ....Petitioners Versus State of H.P. & others
....Respondents Coram Hon’ble Mr. Justice Rakesh Kainthla, Judge. Whether approved for reporting? No. For the petitioners : Mr. Shivam Sharma, Advocate, Proxy Counsel. For respondents
:
: Mr. Tarun Pahak, Deputy Advocate General, for the respondents No.1 to 3. Mr. Kamal Sharma, Advocate, Proxy Counsel, for respondent No.4. Rakesh Kainthla,Judge
The present petition has been filed under Section 528 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, for quashing of F.I.R. No. 70 of 2017 dated 05.04.2017, registered for the commission of offences punishable under Sections 279, 336 and 337 of Indian Penal Code (IPC) and Sections 177 and 192 of Motor Vehicles (MV) Act, at Police
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2025:HHC:36822 Station Kotkhai, District Shimla, H.P. and consequent proceedings arising out of the said F.I.R.
2. It has been asserted that the parties have entered into a compromise with each other with the intervention of respectable family members, and both the parties do not want to proceed further with the matter in view of the compromise. Hence, the present petition. 3. The statement of informant/victim was recorded on 08.08.2025 in which he stated that he had compromised the matter voluntarily without any influence from any person, therefore, he does 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 279,336 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 & 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. 70 of 2017 dated 05.04.2017, registered for the commission of offences punishable under Sections 279,336 and 337 of
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2025:HHC:36822 Indian Penal Code (IPC) and Sections 177 and 192 of Motor Vehicles (MV) Act at Police Station Kotkhai, District Shimla, 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
03rd November, 2025 (ravinder)