2025:HHC:18365 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MMO No. 295 of 2025 Reserved on: 2.6.2025 Date of Decision: 17.6.2025. Aakash Negi ...Petitioner Versus State of H.P. and another ...Respondents Coram Hon’ble Mr Justice Rakesh Kainthla, Judge. Whether approved for reporting?1 No. For the Petitioner : Mr. I.S. Chandel, Advocate. For Respondent No.1/State : Mr. Tarun Pathak, Deputy Advocate General. For Respondent No.2/informant: Mr. Sohan Singh Rathore, Advocate. Rakesh Kainthla, Judge The petitioner has filed the present petition for quashing of FIR No. 125 of 2018, dated 25.5.2018, registered for the commission of offences punishable under Sections 354-D and 309 of the Indian Penal Code (IPC), at Police Station, Shimla West, District Shimla, H.P. and consequent proceedings arising out of the FIR. It has been asserted that the matter has been 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes. 2 2025:HHC:18365 compromised between the parties, and the informant does not want to proceed further with the matter because of the compromise. 2. The statement of the informant-victim was recorded on 22.4.2025, in which she stated that she had reported the matter to the police. She has entered into a compromise voluntarily with the accused without any influence from any person and has no objection in case the FIR is ordered to be quashed based on the compromise between the parties. 3. In the present case, the F.I.R. was lodged for the commission of offences punishable under Sections 354-D and 309 of IPC. This Court had already quashed the F.I.R. under Section 354 of IPC in Vidya Devi vs State of Himachal Pradesh & others 2022 STPL 13724 HP, Chaman Lal vs State of H.P., Latest HLJ 2023 (HP) (1) 213, Ameen vs State of Himachal Pradesh & others, 2023(1) Him. L.R. 375 and Rakesh Verma vs State of H.P., Latest HLJ 2022 (HP) (2) 952 based on compromise. These judgments are binding on this Court. 4. Section 115 of the Mental Healthcare Act, 2017 raises a presumption that any person who attempts to commit suicide 3 2025:HHC:18365 shall be presumed to have severe stress and shall not be tried and punished under the Indian Penal Code. It further casts a duty upon the appropriate Government to provide care, treatment and rehabilitation to such a person to reduce the risk of recurrence of attempts to commit suicide. Therefore, a person committing suicide is not to be punished but is to be provided care, treatment and rehabilitation, and the proceedings for violation of Section 309 of IPC cannot continue against him. 5. Therefore, in view of these precedents, the present petition is allowed and the FIR No. 125 of 2018, dated 25.5.2018, registered for the commission of offences punishable under Sections 354-D and 309 of the Indian Penal Code (IPC), at Police Station, Shimla West, District Shimla, H.P. and consequent proceedings arising out of the FIR are quashed. Consequent upon the quashing of the 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. 4 2025:HHC:18365 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. (Rakesh Kainthla) Judge 17th June, 2025 (Chander)