Extracted from the PDF above. The PDF is authoritative.
( 2025:HHC:12654 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MMO No. 1269 of 2024 Reserved on: 28.04.2025. Date of Decision: 06.05.2025 Gaurav Goel and Anr. ...Petitioners Versus State of H.P. & Anr. ...Respondents Coram Hon’ble Mr Justice Rakesh Kainthla, Judge. Whether approved for reporting? No. For the petitioners : Mr. Servedaman Rathore, Advocate. For the respondents : Mr. Prashant Sen, Deputy Advocate General for respondent No.1/State. Mr. Sarthak Upadhyay, Advocate, vice Ms. Hem Kanta Kaushal, Advocate, for respondent No.2. Rakesh Kainthla, Judge The present petition has been filed under Section 528 of Bhartiya Nagarik Suraksha Sanhita (BNSS) for quashing of F.I.R. No. 473 of 2012, dated 12.12.2012, registered for the commission of offences punishable under Sections 498-A, and 406 read with Section 34 of Indian Penal Code (IPC), at Police Station Paonta Sahib, H.P. and
( 2025:HHC:12654 ) consequent proceedings arising out of the said F.I.R. based on compromise effected between the parties. 2. It has been asserted that the informant was married to petitioner No.1. The parties have settled the matter and decided to end the litigation. Hence, the present petition. 3. The statement of the informant/victim was recorded on 21.03.2025, in which she stated that she had settled the matter with her husband. A petition for mutual divorce was filed in which the parties had agreed to part their ways. They do not want to proceed further with the matters filed against each other. 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 498-A, 406/34 of the IPC at Police Station Paonta Sahib, H.P. The offence punishable under Section 406 of IPC is compoundable under Section 320 of CrPC. It was laid down in Gian Singh versus State, 2012 (10) SCC 303, Narender versus State of Punjab, 2014
( 2025:HHC:12654 ) (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 that the offence punishable under Section 498-A can be quashed in exercise of the inherent powers of the High Court after the compromise. These judgments are binding on this Court. 6.
In view of these precedents, the present petition is allowed and the F.I.R. No. 473 of 2012, dated 12.12.2012, registered for the commission of offences punishable under Sections 498-A, 406, read with Section 34 of the IPC, at Police Station Paonta Sahib, H.P., is 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 insist on the production of a
( 2025:HHC:12654 ) certified copy but if required, may verify passing of the order from Website of the High Court. (Rakesh Kainthla) Judge 06th May, 2025 (Shamsh Tabrez)