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2025 DAILYLAW 8198 (HP)

ANIL KUMAR v. STATE OF HP AND OTHERS

CRMMO/144/2025 · 2025-06-26

Rakesh Kainthla

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:HHC:19861 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MMO No. 144 of 2025 Reserved on: 16.06.2025 Date of Decision: 26.06.2025 Anil Kumar ...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. Heena Chauhan, Advocate, vice Mr. Kamal Kant, Advocate. For respondents No.1 to 3 : Mr. Ajit Sharma, Deputy Advocate General. For respondent No.4 : Ms. Himani Verma, Advocate. Rakesh Kainthla, Judge The petitioner has filed the present petition for quashing of FIR No. 286 of 2024, dated 13.12.2024, registered at Police Station Sundernagar, District Mandi, H.P. for the commission of an offence punishable under Section 281 of Bharatiya Nyaya Sanita, 2023 (BNS) and consequential 2 2025:HHC:19861 proceedings arising out of the said F.I.R. based on the compromise effected between the parties. 2. It has been asserted that the matter was settled between the parties and they have executed a Compromise Deed. The informant does not want to proceed further with the case based on the compromise. Hence, the petition. 3. Statement of informant Geeta Ram was recorded on 5.5.2025, in which he stated that he had entered into a compromise with the accused voluntarily, and he has no objection in case the FIR is ordered to be quashed. 4. I have heard the learned counsel for the parties and have gone through the records carefully. 5. The offence punishable under Section 281 of BNS corresponds to Section 279 of the Indian Penal Code. This Court has 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 based on compromise. These judgments are binding on this Court. 3 2025:HHC:19861 5. Therefore, in view of these precedents, the present petition is allowed and the FIR No. 286 of 2024, dated 13.12.2024, registered at Police Station Sundernagar, District Mandi, H.P. for the commission of an offence punishable under Section 281 of BNS and consequent proceedings arising out of the said F.I.R. are 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 26th June, 2025 (Chander)