NIKHIL AGGARWAL AND ANOTHER v. THE STATE OF HP AND ANOTHER
CRMMO/541/2025 · 2025-08-07
Rakesh Kainthla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 17654 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 17654 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:HHC:26564
_______________ Whether reporters of the local papers may be allowed to see the judgment? Yes
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr.MMO No. 541 of 2025
Reserved on: 29.07.2025
Date of Decision: 07.08.2025
Nikhil Aggarwal & another ....Petitioner
Versus
State of H.P. & another
....Respondents Coram Hon’ble Mr. Justice Rakesh Kainthla, Judge. Whether approved for reporting? No. For the petitioner : Mr. Rajneesh K. Lal, Advocate. For the respondents
:
: Mr. Lokender Kutlehria, Additional Advocate General, for respondent No.1. Mr. Sunil Dutt Gupta, Advocate, for respondent No.2. Rakesh Kainthla,Judge
The present petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) for quashing of F.I.R. No. 5 of 2024, dated 13.01.2024, registered for the commission of offences punishable under Sections 353, 332 and 506 of Indian Penal Code (IPC) at Police Station Renukaji, District Sirmour, H.P. and consequent proceedings arising out of the said F.I.R.
2 2025:HHC:26564
2. It has been asserted that the incident occurred due to some misunderstanding between the parties. The parties have settled the dispute with the intervention of the respectable person of the society. Hence, the present petition. 3. Statement of informant/victim was recorded on 11.07.2025 in which he stated that he had entered into compromise with the petitioners voluntarily without any influence or coercion from any person. He did not want to proceed further with the F.I.R. and he has no objection, in case the FIR lodged against the petitioners/accused is ordered to be quashed. 4. I have heard learned counsel for the parties and have gone through the records carefully. 5. The offence punishable under Section 506 is compoundable under Section 320 of Cr.P.C. This Court has already quashed the proceedings under Sections 353 and 332 of IPC in Sumit Kumar Vs. State of H.P. (2020) SCC Online HP 436, Murari Lal Vs. State of H.P. 2023 HHC 628, and Rakesh Kumar and another Vs. State of H.P., Cr.MMO No. 700 of 2019, decided on 1.1.2020. These judgments are binding upon this Court. 6
Therefore, in view of these precedents, the present petition is allowed and F.I.R. 5 of 2024 dated 13.01.2024, registered for the commission of offences punishable under Sections 353, 332 and 506
3 2025:HHC:26564 of IPC at Police Station Renukaji, District Sirmour, H.P. and consequent proceedings pending/initiated against the petitioners-accused in pursuance thereto, are also 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 Website of the High Court. (Rakesh Kainthla)
Judge
07th August, 2025 (ravinder)