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2025 DAILYLAW 7653 (HP)

VIJAY KUMAR v. STATE OF HP AND OTHERS

CRMMO/116/2025 · 2025-07-03

Rakesh Kainthla

body2025

Judgment text

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2025:HHC:21082 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MMO No. 116 of 2025 Reserved on: 19.6.2025 Date of Decision: 03.7.2025. Vijay Kumar ...Petitioner Versus State of H.P. and others ...Respondents Coram Hon’ble Mr Justice Rakesh Kainthla, Judge. Whether approved for reporting?1 No. For the Petitioner : M/s Dheeraj K. Vashisht and Shrutika Chauhan, Advocates. For Respondent No.1/State : Mr. Jitender K. Sharma, Additional Advocate General. For Respondents No.2 to 5 : Mr. Shubham Sood, Advocate. Rakesh Kainthla, Judge The petitioner has filed the present petition for quashing of FIR No. 140 of 2022, dated 22.11.2022, registered for the commission of offences punishable under Sections 279, 337 and 304-A of the Indian Penal Code (IPC), at Police Station, Gagret, District Una, H.P. and consequent proceedings arising out of the FIR. It has been asserted that the parties have arrived 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes. 2 2025:HHC:21082 at an amicable settlement between themselves and they want to maintain cordial relations with each other. The informant has no objection in case the FIR is ordered to be quashed. Hence the petition. 2. Statement of Akshaydeep Singh, legal heir and Power of Attorney of other legal heirs of late Harminder Singh was recorded on 30.4.2024, in which he stated that he had compromised the matter with the petitioner without any influence from any person. All the legal representatives had put their signatures on the Compromise Deed (Annexure P-3) regarding the compromise, and they have no objection to quashing the FIR based on the compromise. The statement of informant Gurmeet Singh was recorded on 15.5.2025, in which he stated that he has no objection to quashing the FIR based on the compromise. 3. Heard. 4. This Court had already quashed the F.I.R. registered for the commission of offences punishable under Sections 279, 337 and 304A of IPC in Avinash Singh Rana vs. State of H.P., 2023 STPL 3181 HP, Amit Singla vs. State of H.P., 2022 STPL 13806 HP, Mayank vs. State of H.P., 2021 (2) Shim. LC 980, Dr Subhash Thakur 3 2025:HHC:21082 vs. State of H.P. 2021 STPL 6332 HP and Rajvinder Sharma vs. State of H.P. 2019 (3) Shim. LC 1781 based on a compromise. These judgments are binding on this Court. 5. Therefore, in view of these precedents, the present petition is allowed and the FIR No. 140 of 2022, dated 22.11.2022, registered for the commission of offences punishable under Sections 279, 337 and 304-A of the IPC, at Police Station, Gagret, District Una, H.P., is quashed. Consequent upon the quashing of the FIR, criminal proceedings pending/initiated against the petitioner-accused in pursuance thereto are also quashed. 6. Petition stands disposed of in the above terms, so also pending applications, if any. 7. 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 3rd July, 2025 (Chander)