Hemant Kumar Sharma vs State Of HP & Ors

Rakesh Kainthla, J

The petitioner has filed the present petition for quashing of FIR No. 28 of 2012, dated 7.3.2012, registered at Police Station Bhunter, District Kullu, H.P., for the commission of offences punishable under Sections 279 and 337 of the Indian Penal Code (IPC), and consequential proceedings arising out of the said FIR based on the compromise effected between the parties.

It has been asserted that the parties have compromised the matter with the intervention of the common friends and respectable persons of the society. They want to maintain cordial relationship with each other. The continuation of the proceedings would be an abuse of the process of law after the compromise. Hence the petition.

Statements of informant/victim Jagat Ram and victim Kesar Singh were recorded on 18.3.2025, in which they stated that they had entered into a compromise with the petitioner voluntarily without any influence from any person. One of the victim Mangher Singh had died after the incident because of cardiac arrest and statements of his legal representatives Vijay Kumar, Asha Devi, Subhadra Devi and Kala Devi were recorded on 16.12.2025 in which they stated that they had entered into a compromise on behalf of the deceased and did not want to proceed further with the matter.

As per reply filed by respondent No.1-State, the matter is pending before learned Additional Sessions Judge, Kullu for arguments.

I have heard learned counsel for the parties and have gone through the records carefully.

The FIR has been registered for the commission of offences punishable under Sections 279 and 337 of the IPC. This Court has already quashed the F.I.R. registered for the commission of offences punishable under Sections 279, 337, and 338 of IPC in Sushant vs State of H.P. 2023 HLJ 531, Vikas 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. These judgments are binding on this Court.

In view of these binding precedents, the present petition is allowed and the FIR No. 28 of 2012, dated 7.3.2012, registered at Police Station Bhunter, District Kullu, H.P., for the commission of offences punishable under Sections 279 and 337 of IPC is ordered to be quashed. Consequent upon the quashing of FIR, criminal proceedings pending/initiated against the petitioner-accused in pursuance thereto are also ordered to be quashed.

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

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 the Website of the High Court.