Anil Kumar vs State Of H.P. & Another

Rakesh Kainthla, J

The petitioner has filed the present petition for quashing of FIR No. 95 of 2021, dated 31.07.2021, registered for the commission of offences punishable under Sections 279 and 337 of Indian Penal Code (IPC) and Section 185 of Motor Vehicles Act (in short 'M.V. Act') at Police Station Kangra, District Kangra, H.P. and consequential proceedings arising out of the F.I.R.

It has been asserted that the informant had not sustained any injury and his motorcycle was severely damaged from the right side. The parties belong to same area and they have reconciled the matter with the intervention of their family members, elders, relatives and respectable members of the village. The informant does not want to proceed further with the matter after the compromise. Hence, the present petition.

Statement of the informant- Sachin Kumar was recorded on 28.04.2025, in which he stated that matter was reconciled voluntarily without any influence from any person and he has no objection in case F.I.R as well proceedings arising out of the same are ordered to be quashed.

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

In the present case the F.I.R. was registered for the commission of offences punishable under Sections 279 and 338 of IPC. This Court had already quashed the F.I.R. registered for the commission of aforesaid offences in Sushant vs State of H.P. 2023 HHC 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 based on compromise. These judgments are binding on this Court.

It was submitted on behalf of the State that the offence punishable under Section 185 of the Motor Vehicles Act cannot be quashed because of the compromise. This submission is not acceptable. This Court had already quashed the F.I.R. registered for the commission of an offence punishable under Section 185 of Motor Vehicles Act in Rajender Thakur versus State of H.P. 2022 STPL 10700 HP, Harish Sharma versus State of H.P., 2022 STPL 10696 HP, Suresh Kumar versus State of H.P., 2019 STPL 1580 HP and Suresh Kumar versus State of H.P, 2019 STPL 4144 HP, based on compromise. These judgments are binding on this Court.

Consequently, the present petition is allowed, and the FIR No. 95 of 2021, dated 31.07.2021, registered for the commission of offences punishable under Sections 279 and 337 of IPC and Section 185 of M.V.Act at Poliec Station Kangra, District Kangra, H.P. as well as consequential proceedings arising out of F.I.R. are quashed.

Petition stands disposed of in the above terms, so also pending 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 Website of the High Court.