Extracted from the PDF above. The PDF is authoritative.
2025:HHC:21393
_______________ 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. 1291 of 2024
Reserved on: 20.06.2024
Date of Decision:07.07.2025
Rajinder Singh and others ....Petitioners Versus
State of H.P. & others
....Respondents Coram Hon’ble Mr. Justice Rakesh Kainthla, Judge. Whether approved for reporting? No. For the petitioners : Mr. Parveen Hasta, Advocate. For the respondents
:
: Mr. Jatinder Sharma, Additional Advocate General for respondent No.
1. Mr. Chaman Singh, Advocate, for respondents No.2. Rakesh Kainthla,Judge
The present petition has been filed under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, (BNSS) 2023 for quashing of F.I.R. No. 0151 of 2016 dated 30.07.2016, registered for the commission of offences punishable under Sections 452, 323 and 506 read with Section 34 of Indian Penal Code (IPC), at Police Station Rampur Bushehar and consequent proceedings arising out of the said F.I.R based on compromise effected between the parties. 2 2025:HHC:21393
2. It has been asserted that the matter has been compromised between the parties with the intervention of respectable persons of the society. The informant does not want to proceed further with the matter in view of the compromise. Hence, the present petition. 3. Statements of informant- Gajinder Singh and injured-Brij Lal were recorded on 05.05.2025 in which they stated that they had compromised the matter voluntarily without any influence from any person and they have no objection, in case the FIR lodged against the petitioners/accused is ordered to be quashed as per compromise. 4. I have heard learned counsel for the parties and have gone through the records carefully. 5. The offences punishable under Sections 323 and 506 are compoundable under Section 320 of Cr.P.C. This Court had already quashed the F.I.R. registered for the commission of an offence punishable under Section 452 of IPC in Prashant Dharmani & others vs. State of H.P. & others 2023(1) Him.L.R.241, Ameen vs State of H.P. & others 2023(1) Him L.R.375, Avinash Singh Rana vs State of H.P. & others 023 STPL 3181 H.P and Chaman Lal vs State of H.P.Latest HLJ 2023(HP)(1)213 based on compromise. These judgments are binding on this Court.
These judgments are binding on this Court. 6
Therefore, in view of these precedents, the present petition is allowed and FIR No. 0151 of 2016 dated 30.07.2016, registered for the
3 2025:HHC:21393 commission of offences punishable under Sections 452, 323 and 506 read with Section 34 of IPC, at Police Station Rampur Bushehar, H.P. is ordered to be quashed. Consequent upon the quashing of FIR, criminal proceedings pending/initiated against the petitioners-accused in pursuance thereto, are also ordered to be 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 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 July, 2025 (ravinder)