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2026 DAILYLAW 9618 (HP)

RAJA JHA v. STATE OF HP AND OTHERS

CRMMO/593/2025 · 2026-05-12

Sandeep Sharma

body2026

Judgment text

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2026:HHC:16296 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MMO No.593 of 2025 Date of Decision: 12.05.2026 __________________________________________________________________________ Raja Jha ……...Petitioner Versus State of H.P. and Others …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? __________________________________________________________________________ For the Petitioner: Mr. Karan Singh Kanwar, Advocate. For the Respondent: Mr. Rajan Kahol & Mr. Vishal Panwar, Additional Advocates General, with Mr. Ravi Chauhan and Mr. Anish Banshtu, Deputy Advocates General, for State. None for respondent No.4. ______________________________________________________________________ Sandeep Sharma, J. (Oral) By way of instant petition filed under Section 528 of the Bharatiya Nagrik Suraksha Sanhita, 2023, prayer has been made on behalf of petitioner for quashing of FIR No.0016 of 2017, dated 28.06.2017, under Sections 420, 467, 468 and 471 of IPC, registered at Police Station Sangla, District Kinnaur, Himachal Pradesh, as well as consequent proceedings, if any, pending adjudication in the competent Court of law. 2. Before case at hand could be heard and decided on its own merits, learned counsel representing the petitioner made available copy of judgment dated 22.04.2026, passed by this Court in Cr.MMO No.432 of 2026:HHC:16296 2 2025, titled as Nand Ram Vs. State of Himachal Pradesh and Others, to state that FIR sought to be quashed in the instant proceedings has been already quashed by this Court in the case of main accused namely Nand Ram and as such, present petition can also be disposed of in light of afore judgment. 3. Having heard learned counsel representing the parties and perused material adduced on record by the respective parties, this Court finds that petitioner herein, who was a suspect and kept in column No.12 of the FIR sought to be quashed, approached this Court in the instant proceedings for quashing of FIR on the ground that offence, if any, punishable under aforesaid provisions of law was never committed by him, rather same can be said to have been committed by person namely Nand Ram and he has been unnecessarily summoned by the learned Court below. 4. Before correctness of aforesaid submission made at the behest of petitioner could be ascertained, main accused namely Nand Ram approached this Court in Cr.MMO No.432 of 2025, titled as Nand Ram Vs. State of Himachal Pradesh and Others, for quashing of FIR No.0016 of 2017, dated 28.06.2017, on the ground that he has settled the dispute with the complainant-Bank, whereby entire amount has been paid under One Time Settlement Scheme. This Court, having taken note of aforesaid statement made at the behest of above named Nand Ram, coupled with the 2026:HHC:16296 3 statement made by Mr. Sanjay Dalmia, learned counsel representing the respondent-Bank, in Cr.MMO No.432 of 2025, who fairly admitted factum with regard to the settlement arrived inter se parites under OTS Scheme, proceeded to quash the FIR, which is otherwise sought to be quashed in the instant proceedings. Since FIR, wherein admittedly petitioner was not an accused, rather was kept in column No.12 as a suspect, already stands quashed against main accused, prayer made on behalf of the petitioner for quashing of FIR deserves to be allowed. 5. Consequently, in view of the above, FIR No.0016 of 2017, dated 28.06.2017, under Sections 420, 467, 468 and 471 of IPC, registered at Police Station Sangla, District Kinnaur, Himachal Pradesh, along with consequential proceedings, if any, is quashed and set aside. Accused is acquitted of the charges framed against him. The petition stands disposed of in the aforesaid terms, along with all pending applications. May 12, 2026 (Sandeep Sharma), Rajeev Raturi Judge