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Himachal Pradesh High Court

Ashish Pal & Anr vs State Of H.P. And Ors on 31 July, 2024

Neutral Citation No. ( 2024:HHC:6101 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MMO No 85 of 2024.

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Reserved on: 25.07.2024.

Date of Decision: 31.07.2024.

           Ashish Pal & Anr.                                                          ...Petitioners
                                                     Versus

           State of H.P. and Ors.                                                   ...Respondents


           Coram

Hon'ble Mr Justice Rakesh Kainthla, Judge.

Whether approved for reporting?1 No For the Petitioners : Mr. Hemant Kumar Thakur, Advocate. For the Respondents : Mr. Lokender Kutlehria, Additional Advocate General for respondents No.1 to 3/State.

Mr. R.L. Chaudhary, Advocate, for respondents No.4 and 5.

Rakesh Kainthla, Judge The petitioners have filed the present petition for quashing of FIR No. 203 of 2021, dated 04.11.2021, registered for the commission of offences punishable under Sections 279 & 337 of the Indian Penal Code (IPC) at Police Station Sadar Hamirpur, District Hamirpur, H.P. and the consequential proceedings pending before 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.

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Neutral Citation No. ( 2024:HHC:6101 learned Judicial Magistrate First Class, Court No.5, Hamirpur, District Hamirpur, H.P. .

2. It has been asserted that the parties have entered into a compromise between themselves. They want to maintain peace, harmony and cordial relations with each other. They executed the compromise deed voluntarily. Hence, the petition.

3. The statement of the informant Sanjeev Kumar and injured Ashish Pal, Sushma Devi and Suresh Kumar were recorded on 14.06.2024 in which they stated that they had settled the matter amicably and they have no objection in case the FIR is ordered to be quashed.

4. I have heard Mr. Hemant Kumar Thakur, learned counsel for the petitioners, Mr Lokender Kutlehria, learned Additional Advocate General for respondents No.1 to 3/State and Mr. R.L. Chaudhary, learned counsel for respondents No. 4 and 5.

5. Mr. Hemant Kumar Thakur, learned counsel for the petitioners submitted that the parties have settled their difference voluntarily and they have no objection in case the FIR is ordered to be quashed based on the compromise. Hence, he prayed that the present petition be allowed and FIR be quashed to maintain harmony between the parties.

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Neutral Citation No. ( 2024:HHC:6101

6. Mr. Lokender Kutlehria, learned Additional Advocate General, for respondents No. 1 to 3/State submitted that the offence .

involves the society and is not a private dispute. Therefore, the FIR should not be quashed.

7. Mr. R.L. Chaudhary, learned counsel for respondents No. 4 and 5 adopted the submissions of Mr. Hemant Kumar Thakur learned counsel for the petitioners and prayed that the FIR be quashed. r

8. I have given considerable thought to the submissions at the bar and have gone through the records carefully.

9. This Court had 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, Kulwinder Singh vs. Ankush Kumar 2023 HLR384 and Nishant vs. State 2022 Suppl. Law Cases 45 and others based on compromise between the parties. These judgments are binding on this Court.

10. Therefore, in view of these precedents, the present petition is allowed and FIR No. 203 of 2021, dated 04.11.2021, registered for the commission of offences punishable under Sections 279, 337 and 338 of IPC at Police Station Sadar Hamirpur, ::: Downloaded on - 01/08/2024 03:09:42 :::CIS Neutral Citation No. ( 2024:HHC:6101 District Hamirpur, H.P. is quashed. Consequent to the quashing of FIR, criminal proceedings pending/initiated against the .

petitioners-accused in pursuance thereto, are also quashed.

11. Petition stands disposed of in the above terms, so also pending miscellaneous applications, if any.

12. 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 31st July, 2024 (Nikita) ::: Downloaded on - 01/08/2024 03:09:42 :::CIS