Extracted from the PDF above. The PDF is authoritative.
( 2025:HHC:12647 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MMO No. 01 of 2025. Reserved on: 28.04.2025. Date of Decision: 06.05.2025 Rajesh Thakur ...Petitioner Versus State of H.P. & Ors. ...Respondents Coram Hon’ble Mr Justice Rakesh Kainthla, Judge. Whether approved for reporting? No. For the petitioner : Mr. Sanjay Jaswal, Advocate. For the respondents : Mr. Ajit Sharma, Deputy Advocate General for respondent No.1/State. Ms. Shivangi,
Advocate,
for respondents Nos . 2 & 3. 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. 93 of 2018, dated 23.04.2018, registered for the commission of offences punishable under Sections 366 & 506 of Indian Penal Code (IPC) at Police Station Kangra, District Kangra, H.P. and consequent proceedings arising out of the said F.I.R. based on compromise effected between the parties. ( 2025:HHC:12647 )
2. It has been asserted that the parties have entered into a compromise with the intervention of the respectable people of the society. Hence, the petition. 3. The statements of the complainant and the victim were recorded on 04.04.2025, in which they stated that they had entered into a compromise voluntarily, and they have no objection if the FIR is ordered to be quashed based on the compromise between the parties. 4. Status report has also been filed, reproducing the contents of the FIR and the steps taken by the police during the investigation. 5. I have heard learned counsel for the parties and have gone through the records carefully. 6. The FIR was lodged with the allegation that the victim, who was a major and an Advocate, was found missing. She was subsequently found and disclosed that the accused had not done anything to her. It was laid down by this Court in Swaroop v. State of H.P. & Anr [2016(sup) Him. L.R. 2615] that a major girl is free to marry anyone she likes or live with
( 2025:HHC:12647 ) anyone she likes, and the FIR registered for the commission of an offence punishable under Section 366 of IPC was quashed. 7. Similarly, the FIR was quashed for the commission of offences punishable under Sections 366 & 506 of the IPC in Kuldeep Vs. State of H.P. & Anr [Latest HLJ 2018(2) (HP) 1481]. These judgments are binding on this Court. 8.
In view of these precedents, the present petition is allowed and FIR No. 93 of 2018, dated 23.04.2018, registered for the commission of offences punishable under Sections 366 & 506 of IPC, at Police Station Kangra, District Kangra, H.P., is quashed. Consequent upon the quashing of the FIR, criminal proceedings pending/initiated against the petitioner-accused in pursuance thereto are also quashed. 9. Petition stands disposed of in the above terms, so also pending applications, if any. 10. 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:12647 ) but if required, may verify passing of the order from Website of the High Court. (Rakesh Kainthla) Judge 06th May, 2025 (Shamsh Tabrez)