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2026 DAILYLAW 4850 (HP)

OM PRAKASH v. BHUPINDER

CRMP/278/2026 · 2026-01-09

Rakesh Kainthla

body2026

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MMO No. 11 of 2026 Date of Decision: 9.1.2026. Om Prakash ...Petitioner Versus Bhupinder ...Respondent. Coram Hon’ble Mr Justice Rakesh Kainthla, Judge. Whether approved for reporting?1 For the Petitioner : Mr. S.K. Banyal, Advocate. For the Respondent : Mr. Ajay Kumar Lahota, Advocate. Rakesh Kainthla, Judge (Oral) A receipt of ₹60,000/- being 15% of the cheque amount of ₹4,00,000/- has been filed, which is taken on record. Learned counsel for the respondent/complainant has stated, under instructions, that the matter has been reconciled between the parties and he does not want to proceed further in the matter. 2. The petitioner was convicted by learned Additional Chief Judicial Magistrate, Court No. 1, Rohru in Cr. Case No. 328-3 of 2019/18, titled as Bhupinder Vs. Om Prakash, on 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes. 2 06.07.2023. The petitioner challenged this order before learned Additional Sessions Judge, Rohru, H.P. and before this Court, unsuccessfully and conviction recorded by the learned Trial Court were maintained by learned Additional Sessions Judge and this Court, respectively. 3. It was held by the Hon'ble Division Bench of this Court in Cr.MMO No. 188 of 2025, titled Chune Ram Vs. Brikam Chand, decided on 13.11.2025 that the Court can quash the conviction based on the compromise effected between the parties at any stage of the proceedings even after the conviction has been finalized by the Court. Thus, in view of the binding precedent of the Hon'ble Division Bench of this Court, the conviction recorded by the learned Trial Court as affirmed by the learned First Appellate Court as well as this Court, can be quashed after the parties have entered into a compromise. 4. In view of the above, the present petition is allowed and the judgment of conviction and order of sentence dated 06.07.2023, passed by learned Additional Chief Judicial Magistrate, Court No.1, Rohru, in Cr. Case No. 328-3 of 2019/18, titled Bhupinder Vs. Om Prakash, as affirmed by learned Additional Sessions Judge, Rohru, District Shimla, H.P. 3 in Cr. Appeal No. 595 of 2023, titled Om Prakash Vs. Bhupinder and this Court in Cr. Revision No. 141 of 2024, titled Om Prakash Vs. Bhupinder, decided on 25.06.2025 are ordered to be quashed. 5. It has been submitted that an amount of Rs. 1,00,000/- has been deposited before learned Trial Court, which is to be disbursed to the complainant as per the compromise effected between the parties. In view of this statement, the amount of Rs. 1,00,000/- is ordered to be disbursed to the complainant by remitting the same to his savings bank account on furnishing the details, if not furnished earlier. 6. The petitioner is stated to be in judicial custody and he is presently lodged in Model Central Jail, Kanda. He is ordered to be released forthwith, if not required in any other case. Release warrants be prepared accordingly and the same be sent to the Superintendent, Model Central Jail, Kanda through FASTER forthwith for necessary compliance. 7. In view of the above, the present petition is disposed of, so also the pending miscellaneous application(s), if any. (Rakesh Kainthla) Judge 9th January, 2026 (sushma) KARAN SINGH Digitally signed by KARAN SINGH Date: 2026.01.09 18:44:42 +0530