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Judgment
Rakesh Kainthla, Judge
The petitioner has filed the present petition for quashing of FIR No. 91 of 2022, dated 21.08.2022, registered at Police Station Parwanoo, District Solan, H.P., for the commission of offences punishable under Sections 279, 337 and 338 of the Indian Penal Code (IPC) and Section 187 of the Motor Vehicles Act (MV Act), based on a compromise between the parties.
It has been asserted that the matter has been reconciled between the parties in the presence of independent persons. The informant/victim does not want to proceed further with the matter after the compromise. She has agreed to withdraw all the cases arising out of the FIR. She had even made a statement before the learned Motor Accident Claims Tribunal (MACT), Solan, withdrawing the claim petition filed by her. No fruitful purpose would be served by continuing with the proceedings; hence, the petition.
The statements of the informant, Prakash Chand, and the victim, Sunita, were recorded on 20.8.2024, in which they stated that they had entered into a compromise with the petitioner voluntarily, without any influence or coercion, and they do not want to proceed further with the matter after the compromise.
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, 337 and 338 of the IPC and Section 187 of the MV Act. 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. This Court has also quashed the F.I.R. registered for the commission of an offence punishable under Section 187 of the MV Act, inter alia, in Rajender Thakur Vs. State of H.P. and others 2022 STPL 10700 HP and Akshay Kumar and others Vs. State of HP and others, 2022 STPL 9456 HP. These judgments are binding on this Court.
In view of these binding precedents, the present petition is allowed, and the FIR No. 91 of 2022, dated 21.08.2022, registered at Police Station Parwanoo, District Solan, H.P., for the commission of offences punishable under Sections 279, 337, and 338 of IPC and Section 187 of the MV Act is ordered to be quashed. Consequent upon the quashing of the FIR, criminal proceedings pending/initiated against the petitioner-accused in pursuance thereof 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.
