SAURABH SINGHA AND OTHERS v. STATE OF HP AND ANOTHER
CRMMO/565/2025 · 2025-08-06
Rakesh Kainthla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 17732 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 17732 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
( 2025:HHC:26387 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MMO No. 565 of 2025. Reserved on: 01.08.2025. Date of Decision: 06.08.2025. Saurabh Singha and Ors. ...Petitioners Versus State of H.P. and Anr. ...Respondents Coram Hon’ble Mr Justice Rakesh Kainthla, Judge. Whether approved for reporting?1 No. For the Petitioners : Mr. M.C. Bhardwaj, Advocate. For the Respondents : Mr. Jitender K. Sharma, Additional Advocate General, for respondent No.1-State. Mr. Vinod Sharma, Advocate, for respondent No.2. Rakesh Kainthla, Judge The petitioners have filed the present petition for quashing of FIR No. 91 of 2022, dated 09.09.2022, registered for the commission of offences punishable under Sections 498-A, 504 and 506 read with Section 34 of the Indian Penal Code (IPC) at Police Station Anni, District Kullu, H.P., based on the compromise effected between the parties. 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes. ( 2025:HHC:26387 )
2. It has been asserted that the petitioner No.1 and respondent No.2, the informant, married each other on 14th July
2017. They resided as husband and wife for 04 years. Differences arose between them, and respondent No.2 lodged the present FIR against the petitioners. The parties resolved their differences and filed a petition for divorce by mutual consent. They decided to withdraw the petitions/complaints made against each other. Hence, the present petition for quashing the FIR. 3. Statement of the respondent No.2, the informant, was recorded on 15.07.2025, in which she stated that she had compromised the matter voluntarily with her husband, and she does not want to proceed further with the FIR because of the compromise. 4. Heard. 5. The offences punishable under Sections 504 and 506 of the IPC are compoundable under Section 320 of the Cr.PC. From the statement of the informant, it is apparent that the parties have compromised the matter amicably. A compromise deed (Annexure P-2) has also been placed on record, mentioning that the parties have dissolved their marriage with mutual consent.
Since the parties have settled their dispute and the
( 2025:HHC:26387 ) present petition had arisen out of matrimonial discord, therefore, the FIR registered for the commission of offences punishable under Section 498-A read with Section 34 of IPC can be quashed as per the judgments 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.P2023 (1) Him L.R. 602 based on the compromise, which are binding upon this Court. 6. Consequently, the present petition is allowed. The FIR No. 91 of 2022, dated 09.09.2022, registered for the commission of offences punishable under Sections 498-A, 504 and 506 read with Section 34 of the IPC at Police Station Anni, District Kullu, H.P., is quashed, 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,
( 2025:HHC:26387 ) but if required, may verify passing of the order from the Website of the High Court. (Rakesh Kainthla) Judge
06th August 2025 (Shamsh Tabrez)