Extracted from the PDF above. The PDF is authoritative.
2025:HHC:18364 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MMO No. 250 of 2025. Reserved on: 3.6.2025. Date of Decision: 17.6.2025. Deva Kumari and another ...Petitioners Versus State of H.P. and others ...Respondents Coram Hon’ble Mr Justice Rakesh Kainthla, Judge. Whether approved for reporting?1 No. For the Petitioners : Mr. Ganesh Barowalia, Advocate. For the Respondents : Mr. Tarun Pathak, Deputy Advocate General for respondent No.1-State. For Respondents No.2&3: Mr. Gambhir Singh, Advocate. Rakesh Kainthla, Judge The petitioners have filed the present petition for quashing of FIR No. 116 of 2019, dated 13.7.2019, registered for the commission of offences punishable under Sections 498-A and 504 read with Section 34 of the Indian Penal Code (IPC) at Police Station Jawalamukhi, District Kangra, H.P. and the consequent proceedings arising out of the FIR. It has been asserted that the petitioners and the victim are family members. They had a 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes. 2025:HHC:18364 matrimonial dispute which has been settled between them. They are residing happily. Hence, the present petition for quashing the FIR. 2. Statements of the informant Balbir Singh and victim Sita Devi were recorded on 1.5.2025, in which they stated that the victim and the petitioners have compromised the matter voluntarily. They are residing together, and the victim does not want to proceed further with the present matter because of the compromise. 3. From the statement of the informant, it is apparent that the parties have compromised the matter amicably. A compromise deed has also been placed on record, mentioning that a dispute had arisen between the parties due to misunderstanding. The dispute has now been settled and they have agreed to live peacefully. Since, the parties have settled their dispute and the present petition had arisen out of the misunderstanding, therefore, the FIR registered for the commission of offences punishable under Section 498-A read with Section 34 of IPC can be quashed as per the judgments in Gian Singh versus State, 2012 (10) SCC 303, Narender versus State of Punjab, 2014 (16) SCC 466, Vikas Singh vs. State of H.P.(2023)I DMC
2025:HHC:18364 335 (HP) and Sanjay Kumar vs. State of H.P2023 (1) Him L.R. 602 based on the compromise, which are binding upon this Court. 4.
4. Consequently, the present petition is allowed and the FIR No. 116 of 2019, dated 13.7.2019, registered for the commission of offences punishable under Sections 498-A, 504 read with Section 34 of IPC at Police Station Jawalamukhi, District Kangra, H.P. is quashed and consequent proceedings pending/initiated against the petitioners-accused in pursuance thereto, are also quashed. 5. Petition stands disposed of in the above terms, so also pending miscellaneous applications, if any. 6. 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
17th June, 2025 (Chander)