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2025 DAILYLAW 36884 (HP)

TAPENDRA KUMAR @ TAPU v. STATE OF HP AND OTHERS

CRMMO/732/2025 · 2025-11-12

Rakesh Kainthla

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:HHC:37884 _____________________ 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. 732 of 2025 Reserved on: 09.10.2025 Date of Decision: 12.11.2025 Tapendra Kumar @ Tapu ....Petitioner Versus State of H.P. & others ....Respondents Coram Hon’ble Mr. Justice Rakesh Kainthla, Judge. Whether approved for reporting? No. For the petitioner : Ms. Chetna Thapar, Advocate. For the respondents : : Mr. Tarun Pahak, Deputy Advocate General, for the respondents No.1 to 3/State. Ms. Diksha Bharti, Advocate, 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.16 of 2024, dated 25.03.2024, registered for the commission of offences punishable under Sections 279 & 337 of Indian Penal Code (IPC) and Section 185 of Motor Vehicles (MV) Act, at Police Station Sangrah, 2 2025:HHC:37884 District Sirmour, 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 persons of the society. The continuation of the trial is infringing the peace and happiness of the parties. 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 was recorded on 13.08.2025 and the statement of injured Rattan Singh was recorded on 19.08.2025 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. The police have filed a status report reproducing the contents of the F.I.R. and the steps taken during course of the investigation. 5. I have heard learned counsel for the parties and have gone through the records carefully. 6. 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 3 2025:HHC:37884 Nishant vs. State 2022 Suppl. Law Cases 45 & others based on the compromise. These judgments are binding on this Court. 7. Therefore, in view of these precedents, the present petition is allowed and F.I.R. No. 16/2024 dated 25.03.2024, registered for the commission of offences punishable under Sections 279 & 337 of Indian Penal Code (IPC) and Section 185 of M.V. Act at Police Station Sangarh, District Sirmour, 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. 8. Petition stands disposed of in the above terms, so also pending applications, if any. 9. 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 12th November, 2025 (ravinder)