Research › Search › Judgment

High Court of Himachal Pradesh · body

2025 DAILYLAW 24671 (HP)

HARISH SHARMA AND OTHERS v. STATE OF HP AND ANOTHER

CRMMO/1292/2024 · 2025-06-05

Rakesh Kainthla

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 ( 2025:HHC:17734 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MMO No. 1292 of 2024. Reserved on: 27.05.2025. Date of Decision: 05.06.2025 Harish Sharma & Ors. ...Petitioners Versus State of H.P. & Anr. ...Respondents Coram Hon’ble Mr Justice Rakesh Kainthla, Judge. Whether approved for reporting? For the petitioners : Ms. Mahima Sharma, Advocate. For the respondents : Mr. Lokender Kutlehria, Additional Advocate General, for respondent No.1-State. Ms. Ranjana Chauhan, Advocate, for respondent No.2. Rakesh Kainthla, Judge The present petition has been filed under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS), for quashing of F.I.R. No. 0039 of 2024, dated 19.05.2024, registered at Police Station Kandaghat, District Solan, H.P. for the commission of offences 2 ( 2025:HHC:17734 ) punishable under Sections 147, 149, 323, 504 & 506 of Indian Penal Code (in short “IPC”) and consequent proceedings arising out of the said F.I.R. based on compromise effected between the parties. 2. It has been asserted that the parties have settled the matter with the intervention of respectable persons of the society. No fruitful purpose would be served by continuing with the criminal proceedings. Hence, the petition. 3. The statement of the informant/victim, Vijay Kumar, was recorded on 25.04.2025, in which he stated that he had entered into a compromise voluntarily without any influence or coercion from any person. The compromise deed bears his signatures, and he has no objection if the FIR is ordered to be quashed based on the compromise between the parties. 4. I have heard learned counsel for the parties and have gone through the records carefully. 5. The FIR was registered for the commission of offences punishable under Sections 323, 504 and 506 of IPC, which are compoundable under Section 320 of Cr.PC. The offence punishable under Section 149 of IPC is compoundable when the other offences have been compounded by the parties. This Court had already quashed 3 ( 2025:HHC:17734 ) the F.I.R. registered for the commission of an offence punishable under Section 147 of IPC inter alia in Sivo Devi vs others vs State of HP 2023 (2), Shimla Law Cases 949, Umesh Kumar vs State Kumar HP 2022 STPL 10721, Satish Kumar State of H.P. 2022 STPL 10703, Inderjeet vs State of H.P. 2022(2) Himachal Law Reporter 1217 and Subhash Verma vs State of H.P. 2021 (3) Shimla Law Cases 1146 based on the compromise effected between the parties. These judgments are binding on this Court. 6. Therefore, in view of these precedents, the present petition is allowed and the F.I.R. No. 0039 of 2024, dated 19.05.2024, registered for the commission of offences punishable under Sections 147, 149, 323, 504 & 506 of IPC, at Police Station Kandaghat, District Solan, H.P and consequent proceedings arising out of the said F.I.R. are quashed. Consequent upon the quashing of the FIR, criminal 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 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 4 ( 2025:HHC:17734 ) 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 05th June, 2025 (Shamsh Tabrez)