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2025 DAILYLAW 15901 (HP)

ATUL MISHRA v. STATE OF HP AND ANOTHER

CRMMO/479/2025 · 2025-08-06

Rakesh Kainthla

body2025

Judgment text

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1 2025:HHC:26395 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MMO No. 479 of 2025 Reserved on: 31.7.2025 Date of Decision: 06.08.2025 Dr. Atul Mishra ...Petitioner Versus State of H.P. and another ...Respondents Coram Hon’ble Mr Justice Rakesh Kainthla, Judge. Whether approved for reporting? No. For the petitioner : Ms. Kanta Thakur, Advocate, vice Mr. Rajesh Mandhotra, Advocate. For respondent No.1 : Mr. Jitender Sharma, Additional Advocate General. For respondent No. 2 : Mr. Sat Prakash, Advocate. Rakesh Kainthla, Judge The petitioner has filed the present petition for quashing of FIR No. 12 of 2025, dated 5.1.2025, registered at Police Station Dharampur, District Solan, H.P. for the commission of offences punishable under Sections 333 and 351(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and consequential proceedings arising out of the said F.I.R. based on the compromise effected between the parties. 2 2025:HHC:26395 2. It has been asserted that the parties have entered into a compromise after the registration of the FIR. The informant does not want to proceed further with the matter after the compromise. The dispute is personal and does not affect the public at large. The parties are colleagues in the same Institution. The offence punishable under Section 351(2) of BNS is compoundable under Section 359 of Bharatiya Nagrik Suraksha Sanhita, 2023 (BNSS), whereas the offence punishable under Section 353 of BNS is not compoundable. Hence the petition. 3. Statement of the informant/victim Dr. Lokesh Bansal, was recorded on 18.6.2025, in which he stated that he had entered into a compromise with the accused voluntarily without any influence from any person, and he does not want to proceed further with the matter because of the compromise. 4. I have heard learned counsel for the parties and have gone through the records carefully. 5. The offence punishable under Section 351(2) of BNS is compoundable under Section 359 of BNSS. The offence punishable under Section 333 of BNSS corresponds to Section 452 of IPC. This Court had already quashed the F.I.R. registered for the commission of an offence punishable under Section 452 of IPC in Prashant 3 2025:HHC:26395 Dharmani & others vs. State of H.P. & others 2023(1) Him.L.R.241, Ameen vs State of H.P. & others 2023(1) Him L.R.375, Avinash Singh Rana vs State of H.P. & others 023 STPL 3181 H.P and Chaman Lal vs. State of H.P. Latest HLJ 2023(HP) (1)213 based on compromise. These judgments are binding on this Court. 6. Therefore, in view of these precedents, the present petition is allowed and FIR No. 12 of 2025, dated 5.1.2025, registered at Police Station Dharampur, District Solan, H.P., for the commission of offences punishable under Sections 333 and 351(2) of the BNS, and consequential proceedings arising out of the said F.I.R. are quashed. 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 the Website of the High Court. (Rakesh Kainthla) Judge 6th August 2025 (Chander)