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2025 DAILYLAW 10127 (HP)

HIMANSHU AND ANOTHER v. STATE OF HP AND ANOTHER

CRMMO/238/2025 · 2025-06-19

Rakesh Kainthla

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

_______________ Whether reporters of the local papers may be allowed to see the judgment? Yes IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MMO No. 238 of 2025 Reserved on: 06.06.2025 Date of Decision: 19.06.2025 Himanshu & another ....Petitioners Versus State of H.P. & anr. ....Respondents Coram Hon’ble Mr. Justice Rakesh Kainthla, Judge. Whether approved for reporting? No. For the petitioners : Mr. Dixit Sahotra, Advocate, For the respondents : : Mr. Tarun Pathak, Deputy Advocate General, for respondent No.1/State Mr. Mr. Pankaj Chaudhari, Advocate, for respondent No.2. Rakesh Kainthla,Judge The present petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) for quashing of F.I.R. No. 88 of 2024 dated 22.06.2024, registered for the commission of offence punishable under Section 380 and 427 of IPC at Police Station Theog, District Shimla, H.P. 2. It has been asserted that the informant lodged the FIR against the petitioners due to some misunderstanding. The parties have settled the dispute and the informant has no objection in case F.I.R. is 2 ordered to be quashed based on the compromise effected between the parties. Hence, the present petition. 3. Statement of informant was recorded on 10.04.2025, in which he has stated that he had entered into compromise with the petitioners voluntarily without any influence of any person. Compromise Annexure P-2 bore his signature. He did not want to proceed further with the F.I.R. and he has no objection, in case the FIR lodged against the petitioner/accused is ordered to be quashed. 4. I have heard learned counsel for the parties and have gone through the records carefully. 5. The offence punishable under Section 427 of IPC is compoundable under Section 320 of Cr.P.C. This Court had quashed the F.I.R. under Section 380 of IPC in Harsh Anand vs. State of H.P. & others 2020 STPL 5681 HP and Musharaf vs. State of H.P. 2022 STPL 9665 H.P. These judgments are binding on this Court. 6 Therefore, in view of these precedents, the present petition is allowed and F.I.R. No. 88 of 2024 dated 22.06.2024, registered for the commission of offences punishable under Sections 380 and 427 of IPC, dated 22.06.2024, at Police Station Theog, District Shimla, H.P. and consequent proceedings pending/initiated against the petitioner-accused in pursuance thereto, are also quashed. 3 7. Petition stands disposed of in the above terms, so also pending miscellaneous applications, if any. 8. 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 19th June, 2024 (ravinder)