Extracted from the PDF above. The PDF is authoritative.
1. ( 2025:HHC:25366 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MMO No.517 of 2025 Reserved on: 23.07.2025. Date of Decision: 30.07.2025 Baldev & Anr. ...Petitioners. Versus State of H.P. & Anr. …...Respondents. Coram Hon’ble Mr Justice Rakesh Kainthla, Judge. Whether approved for reporting?1 No. For the Petitioners : Mr. Khem Raj, Advocate. For the Respondents : Mr. Prashant Sen, Deputy Advocate General, for respondent No.1/State. Ms. Shivanshu Attri, Advocate, for respondent No.2. Rakesh Kainthla, Judge
The petitioner has filed the present petition for quashing of FIR No. 109 of 2016, dated 25.09.2016, registered at Police Station Tissa, District Chamba, H.P., for the commission of offences punishable under Sections 380 & 457 read with Section 34 of the Indian Penal Code (in short “IPC”) based on a compromise effected between the parties. 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes. 2. ( 2025:HHC:25366 )
2. It has been asserted that the parties have entered into a compromise voluntarily without any influence from any person to maintain a cordial relationship. The petitioners want to pursue their education and secure a job. The pendency of the FIR is hampering their career prospects. Hence, the petition. 3. Statement of the informant/victim was recorded on 21.06.2025, in which he stated that he had entered into a compromise with the petitioner/accused voluntarily without any influence from any person, and he has no objection in case the FIR is ordered to be quashed based on the compromise effected between the parties. 4. I have heard learned counsel for the parties and have gone through the records carefully. 5. This Court had already quashed the FIR for the commission of an offence punishable under Section 380 of the IPC in Musharaf versus. State of H.P. 2022 (1) Shim. LC 319, Harsh Anand versus State of H.P. 2020 STPL 5681 and for the commission of an offence punishable under Section 452 of IPC, which is similar to an offence punishable under Section 457 of IPC, in Chaman Lal versus State of H.P. Latest HLJ 2023 (HP) (1) 213, Avinash Singh Rana versus State of H.P. 2023 STPL 3181, Ameen versus State of H.P and others
3. ( 2025:HHC:25366 ) 2023 (1) Him. L.R. 375, Prashant Dharmani and others versus State of H.P. and others 2023 (1) Him. L.R. 241. These judgments are binding upon this Court. 6.
In view of the above, the present petition is allowed and the FIR No. 109 of 2016, dated 25.09.2016, registered at Police Station Tissa, District Chamba, H.P., for the commission of offences punishable under Sections 380 & 457 read with Section 34 of the IPC and the consequential proceedings arising out of the FIR are ordered to be quashed based on the compromise effected between the parties. 7. Petition stands disposed of in the above terms, so also pending 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 30th July, 2025 (Shamsh Tabrez)