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2026 DAILYLAW 17946 (HP)

AKSHAY KUMAR v. THE STATE OF HP AND OTHERS

CRMMO/655/2026 · 2026-07-30

Rakesh Kainthla

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:HHC:31514 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MMO No. 655 of 2026 Reserved on: 27.7.2026 Date of Decision: 30.7.2026 Akshay Kumar ...Petitioner Versus State of H.P. and ors. ...Respondents Coram Hon’ble Mr Justice Rakesh Kainthla, Judge. Whether approved for reporting? No. For the Petitioner : Mr Yuyutsu Singh Thakur, Advocate. For Respondents No.1/State : Mr Ajit Sharma, Deputy Advocate General. For Respondents No. 2 & 3 : Ms Kiran Sharma, Advocate, vice Mr Vivek Thakur, Advocate. Rakesh Kainthla, Judge The petitioner has filed the present petition for quashing of FIR No. 97 of 2025, dated 27.5.2025, registered at Police Station Barmana, District Bilaspur, H.P., for the commission of offences punishable under Sections 281, 125(a), and 125(b) of Bhartiya Nyaya Sanhita (BNS) and Section 181 of Motor Vehicles Act (MV Act) and consequential proceedings 2 2026:HHC:31514 arising out of the said FIR based on a compromise effected between the parties. 2. It has been asserted that the incident had occurred due to the unavoidable circumstances beyond anyone’s control. The parties have amicably resolved their dispute and the informant/victim does not want to proceed further with the matter after the compromise. 3. Statements of the informant Sushil Himta and victim Jagdish Himta were recorded on 03.07.2026, in which they stated that they had entered into a compromise with the accused voluntarily without any influence from any person, and they had no objection to quashing the FIR as per the compromise. 4. I have heard 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 IPC. The offences punishable under Section 125(a) and 125(b) of the BNS are compoundable under Section 359 of the BNS. This Court has already quashed the F.I.R. registered for the commission of an offence punishable under Section 279 of IPC in Sushant vs State of H.P. 2023 HLC 531, Vikas 3 2026:HHC:31514 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. This Court has also quashed the F.I.R. registered for the commission of offences punishable under Section 181 of the MV Act in Rajender Thakur Vs. State of H.P. and others 2022 STPL 10700 HP and Akshay Kumar and others Vs. State of HP and others 2022 STPL 9456 HP. These judgments are binding on this Court. 6. Therefore, in view of these precedents, the present petition is allowed and FIR No. 97 of 2025, dated 27.5.2025, registered at Police Station Barmana, District Bilaspur, H.P., for the commission of offences punishable under Sections 281, 125(a), and 125(b) of BNS and Section 181 of MV Act and consequential proceedings arising out of the said F.I.R. are quashed. 7. Petition stands disposed of in the above terms, so also pending miscellaneous 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, 4 2026:HHC:31514 but if required, may verify the passing of the order from the Website of the High Court. (Rakesh Kainthla) Judge 30th July, 2026 (Chander)