AKASH GAUTAM AND OTHERS v. STATE OF HP AND ANOTHER
CRMMO/328/2025 · 2025-07-03
Rakesh Kainthla
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 13064 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 13064 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:HHC:21083 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MMO No. 328 of 2025 Reserved on: 28.6.2025 Date of Decision: 03.7.2025. Aakash Gautam and others ...Petitioners Versus State of H.P. and another ...Respondents Coram Hon’ble Mr Justice Rakesh Kainthla, Judge. Whether approved for reporting?1 No. For the Petitioners
: Mr. Vivek Sharma, Advocate. For Respondent No.1/State : Mr. Ajit Sharma, Deputy Advocate General. For Respondent No.2 : Mr. Rajesh Kumar, Advocate. Rakesh Kainthla, Judge The petitioners have filed the present petition for quashing of FIR No. 87 of 2021, dated 12.12.2021, registered for the commission of offences punishable under Sections 147, 149, 427, 506 and 509 of the Indian Penal Code (IPC), at Police Station, Pachhad, District Sirmour, H.P. and consequent proceedings arising out of the FIR. It has been asserted that the parties have settled the dispute with the intervention of the 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes. 2 2025:HHC:21083 elders, and the informant does not want to proceed further with the present matter after the compromise. Hence the petition. 2. The statement of the informant-victim, Babita Rani, was recorded on 13.5.2025, in which she stated that the matter was compromised between the parties voluntarily. She has no objection in case the FIR is ordered to be quashed. 3. Heard. 4. The offences punishable under Sections 427, 506 and 506 are compoundable under Section 320 of Cr.P.C. Section 320(3) of Cr.P.C. provides that when the other offences are compoundable, the offence punishable under Section 149 of IPC may be compounded. This Court had already quashed the F.I.R. registered for the commission of an offence punishable under Section 147 of IPC inter alia in Sivo Devi vs others vs State of HP 2023 (2), Shimla Law Cases 949, Umesh Kumar vs State Kumar HP 2022 STPL 10721, Satish Kumar State of H.P. 2022 STPL 10703, Inderjeet vs State of H.P. 2022(2) Himachal Law Reporter 1217 and Subhash Verma vs State of H.P. 2021 (3) Shimla Law Cases 1146 based on the compromise effected between the parties. These judgments are binding on this Court. 3 2025:HHC:21083
5.
Therefore, in view of these precedents, the present petition is allowed and the FIR No. 87 of 2021, dated 12.12.2021, registered for the commission of offences punishable under Sections 147, 149, 427, 506 and 509 of the Indian Penal Code (IPC), at Police Station, Pachhad, District Sirmour, H.P. is quashed. Consequent upon the quashing of the FIR, criminal proceedings pending/initiated against the petitioners-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. (Rakesh Kainthla) Judge 3rd July, 2025 (Chander)