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2025 DAILYLAW 26089 (HP)

DHEERAJ v. STATE OF HP AND ORS.

CRMMO/1170/2024 · 2025-05-07

Rakesh Kainthla

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

_____________________________ 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes. IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MMO No. 1170 of 2024 Reserved on: 23.04.2025 Date of Decision: 07.05.2025 Dheeraj ...Petitioner Versus State of H.P. ...Respondents Coram Hon’ble Mr Justice Rakesh Kainthla, Judge. Whether approved for reporting? No. For the petitioner : Mr. Ganesh Barowalia, Advocate. For the respondents : Mr. Lokender Kutlehria, Additional Advocate General for respondent No.1/State. Mr.Gambir Singh, Advocate, for respondent No.2 and 3. Rakesh Kainthla, Judge The petitioner has filed the present petition for quashing of FIR No. 0160 of 2024 dated 14.09.2024 , registered for the commission of offences punishable under Sections 281 and 125(a) of the Bharatiya Nyaya Sanhita, 2023 (BNS) at Police Station Nagrota Bagwan, District Kangra, H.P. and consequential proceedings arising out of the F.I.R. 2 2. It has been asserted that the matter has been compromised between the parties with the intervention of respectable members of both the families, as parties are already known to each other and residing in the same area. The compromise entered between the parties is without any influence from any person, therefore, respondents No. 2 and 3 are not interested in pursuing the matter. Hence, the petition. 3. The petition is opposed by filing a status report reproducing the contents of the F.I.R. and the steps taken during the investigation. 4. Statements of informant and injured were recorded on 07.03.2025, in which they have stated that they had compromised the matter voluntarily without any influence from any person and they have no objection in case F.I.R as well as proceedings arising out of the same F.I.R. are ordered to be quashed. 5. I have heard learned counsel for the parties and have gone through the records carefully. 6. In the present case, the F.I.R. was registered for the commission of offences punishable under Sections 281 and 125(a)) of BNS which correspond to Sections 279 and 337 of IPC, respectively. This Court had already quashed the F.I.R. registered for 3 the commission of aforesaid offences in Sushant vs State of H.P. 2023 HHC 531, Vikas Huda vs State of H.P. 2023 STPL 3009, Kulwidner Singh vs Ankush Kumar 2023 HLR384 and Nishant vs. State 2022 Suppl. Law Cases 45 based on compromise. These judgments are binding on this Court. 7 Consequently, the present petition is allowed, and the FIR No. 0160, of 2024 dated 14.09.2024, registered for the commission of offences punishable under Sections 281 and 125(a) of the BNS at Police Station Nagrota Bagwan and consequential proceedings arising out of said F.I.R. are quashed. 8. Petition stands disposed of in the above terms, so also pending applications, if any. 9. 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 May, 2025 (ravinder)