High CourtsSingle Bench(2024) 06 SHI CK 0028

Sadik Muhammad @APPELLANT@Hash State of H.P. and others

High Court Of Himachal Pradesh · Decided on 15 June 2024

HON’BLE JUDGES
Justice Rakesh Kainthla, J
RESULT
Disposed Off
CASE NUMBER
Cr. MMO No.246 of 2023

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Judgment

8 paragraphs · 354 words

Justice Rakesh Kainthla, J

The present petition has been filed for quashing of FIR No. 43 of 2023, dated 12.02.2023 for the commission of offences punishable under Sections 279, 337 of IPC and Section 187 of the Motor Vehicles Act, registered at Police Station Nalagarh, District Solan, H.P. It has been asserted that the parties have voluntarily compromised the matter without any coercion or pressure from any side. Hence, it was prayed that the aforesaid FIR may ordered to be quashed.

2.

I have heard Ms. Mamta, learned Counsel, for the petitioner, Mr. Jitender Sharma, learned Additional Advocate General for respondent No.1-State and Ms. Ruchika Khachi, learned counsel for respondents No.2 and 3.

3.

Statements of Raminder Chaudhary (injured), Pradeep and the present petitioner/accused were recorded on 15.4.2024, in which they have stated that the parties had entered into a compromise (Annexure P-2) and they have no objection in case the present case FIR is ordered to be quashed.

4.

This Court had quashed the F.I.R. registered for the commission of offences punishable under Sections 279, 337, 338 of IPC in Sushant vs State of H.P. 2023 HLC 531, Vikas Huda vs. State of H.P. 2023 STPL 3009, Kulwidner Singh vs Ankush Kumar 2023 HLR384 and Nishant vs. State 2022 Suppl. Law Cases 45 and others.

5.

Therefore, in view of these precedents, the present petition is allowed and FIR No. 43 of 2023, dated 12.02.2023, registered for the commission of offences punishable under Sections 279, 337 of IPC and Section 187 of the Motor Vehicles Act, at Police Station Nalagarh, District Solan, H.P. is quashed. Consequent to the quashing of FIR, criminal proceedings pending/initiated against the petitioner-accused in pursuance thereto, are also quashed.

6.

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

7.

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.