VIVEK SINGH CHAUHAN AND OTHERS v. STATE OF HP AND ANOTHER
CRMMO/587/2025 · 2025-09-08
Rakesh Kainthla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 17673 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 17673 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:HHC:30457
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr. MMO No. 587 of 2025
Reserved on: 28.08.2025. Date of Decision: 8.09.2025
Dr. Vivek Singh Chauhan & others
....Petitioners Versus State of H.P and another
....Respondents Coram Hon’ble Mr Justice Rakesh Kainthla, Judge. Whether approved for reporting? No For the Petitioners : Mr. Vivek Thakur, Advocate. For the Respondents : Mr. Lokender Kutlehria, Additional Advocate General, for the respondent No.1/State. : Ms.Aanchal Singh, Advocate, vice Mr. Vinod Chauhan, Advocate, for respondent No.2. Rakesh Kainthla, Judge
The present petition has been filed for quashing of F.I.R. No. 92 of 2020, dated 08.12.2020, registered for the commission of offences punishable under Sections 498A, 504 and 323 read with Section 34 of Indian Penal Code (IPC) at Police Station Kandaghat, District Solan, H.P. and consequent proceedings arising out of the said F.I.R based on compromise effected between the parties. 2. It has been asserted that petitioner No.1 and the informant are husband and wife. The F.I.R. was registered due to
2 2025:HHC:30457 matrimonial discord. Both the parties have settled the matter and the informant does not want to proceed further with the matter with the intervention of the respectable person of the society. Hence, the present petitoin. 3. Statement of informant-Tanuj, was recorded on 07.08.2025 in which she stated that the matter had been compromised between the parties voluntarily without any influence from any person and she is residing separately. She she has no objection, in case the FIR lodged against the petitioners/accused is ordered to be quashed. 4. The offences punishable under Sections 323 and 506 read with Section 34 of IPC are compoundable under Section 320 of Cr.P.C. The offence punishable Section 498-A of IPC can be quashed based on the compromise as per the judgments passed by this Court in Gian Singh versus State, 2012 (10) SCC 303, Narender versus State of Punjab, 2014 (16) SCC 466, Vikas Singh vs. State of H.P. (2023)I DMC 335 (HP) and Sanjay Kumar vs. State of H.P 2023 (1) Him L.R. 602. These judgments are binding on this Court. 5.
Consequently, the present petition is allowed and FIR No. 92 of 2020, dated 08.12.2020, registered for the commission of offences punishable under Sections 498A, 506 and 323 read with
3 2025:HHC:30457 Section 34 of IPC at Police Station Kandaghat, District Solan, H.P. is quashed and the consequent 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 miscellaneous 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 08th September, 2025. (RAVINDER)