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2026 DAILYLAW 25221 (HP)

Kanwar Negi v. Rajesh Kumar

CRMP/3995/2025 · 2026-09-29

Rakesh Kainthla

body2026

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP No. 3995 of 2025 in Cr. Revision No. 87 of 2024 Date of Decision: 29.09.2026. Kanwar Negi ...Petitioner Versus Rajesh Kumar ...Respondent Coram Hon’ble Mr Justice Rakesh Kainthla, Judge. Whether approved for reporting?1 No For the Petitioner : Ms. Madhurika Sekhon, Advocate. For the Respondent : Ms. Preeti Thakur, Advocate. Rakesh Kainthla, Judge Learned counsel for the petitioner has produced the receipt dated 05.08.2026, issued by Member Secretary, H.P. Legal Services Authority, Kasumpti, Shimla, regarding the deposit of ₹22,500/- being the 15% of the cheque amount of ₹1,50,000/-. 2. Learned counsel for the respondent submits that he has received the amount and he has instructions not to proceed with the complaint in view of the compromise effected between the parties. 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes. 2 3. The record shows that the petitioner/accused was convicted and sentenced by learned Trial Court. The petitioner/accused unsuccessfully challenged his conviction and sentence before learned First Appellate Court and before this Court in Cr. Revision No. 87 of 2024 titled Kanwar Negi versus Rajesh Kumar decided on 26.09.2024. 4. The Division Bench of this Court held in Chune Ram vs. Brikam Chand, 2025:HHC:38122 decided on 13.11.2025 that the Court can quash the conviction even after its finalization in criminal revision based on the compromise effected between the parties. This judgment is binding upon this Court. 5. In view of this judgment, the present petition is allowed and the conviction and sentence awarded by the learned Trial Court as affirmed by learned Appellate Court and by this Court in Cr. Revision No. 87 of 2024 titled Kanwar Negi versus Rajesh Kumar decided on 26.09.2024 are ordered to be quashed. 6. It has been submitted that ₹72,000/- have been deposited in the Court of learned Judicial Magistrate First Class, Chopal, District Shimla, H.P., which has to be disbursed to the petitioner/accused in term of the compromise. Let the amount of 3 ₹72,000/-, deposited in the Court of learned Judicial Magistrate First Class, Chopal, District Shimla, H.P. are ordered to be disbursed to the petitioner/accused by remitting the same to his bank account alongwith upto date interest on furnishing of the bank account details if not furnished earlier. It has been stated that no other amount has been deposited; hence no other order is required to be passed regarding release of the amount. 7. In view of the above, the present petition is disposed of, so also the pending miscellaneous application(s), if any. (Rakesh Kainthla) Judge 29th September, 2026 (Nikita)