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2025 DAILYLAW 29307 (HP)

RAJ KUMAR AND OTHERS v. THE STATE OF HP AND OTHERS

CRMMO/5/2025 · 2025-04-04

Rakesh Kainthla

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. ( 2025:HHC:9261 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MMO No. 05 of 2025 Reserved on: 24.03.2025 Date of Decision: 04.04.2025 Raj Kumar and Ors. ....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. M.L. Sharma, Advocate. For respondent No.1 : : Mr. Prashant Sen, Deputy Advocate General. For respondents Nos. 2 to 5 : Mr. Ashwani Negi, Advocate. Rakesh Kainthla, Judge The petitioners have filed the present petition seeking quashing of FIR No. 41/2021, dated 03.06.2021, registered at Police Station Lambagaon, District Kangra, H.P for the commission of offences punishable under Sections 341, 323, 325, 504, 506, 34 and _______________ Whether reporters of the local papers may be allowed to see the judgment? Yes 2 Neutral Citation No. ( 2025:HHC:9261 ) 201 of IPC because of the compromise effected between the parties. It has been asserted that the matter has been compromised between the informant and the petitioner. The offence is private in nature and does not affect society. The statements of the informant Vijay Kumar, Injured Varnta Devi and Ajay Kumar were recorded on 04.03.2025, in which, they stated that they had entered into a compromise voluntarily with the accused without any influence from any person and they have no objection in case, the FIR is ordered to be quashed as per the compromise effected between the parties. 2. The State has also filed a status report asserting that, as per the statement of the witnesses, the parties have entered into a compromise and they do not want to proceed further with the matter. 3. Heard. 4. The offences punishable under sections 341, 323, 504 and 506 are compoundable without the permission of the Court, and the offence punishable under Section 325 is compoundable with the permission of the Court. This Court had already quashed the F.I.R. registered for the commission of offences punishable 3 Neutral Citation No. ( 2025:HHC:9261 ) under Section 325 of IPC in Ram Krishan alias Ramu vs. State of H.P.& others Latest HLJ 2021(2)(HP) 1327, Amir Hussain vs State of Himachal Pradesh 2022(1)Him.L.R.195, Braham Dass & others vs. State of H.P & others 2022(1) Him.L.R.466, Inderjeet Singh & others vs State of H.P. & others 2022(2)Him.LR.1217, Raj Kumar @ Raj & Ors. vs. State of Himachal Pradesh & Anr. vs. State of Himachal Pradesh & Anr. Latest HLJ 2022(HP)(1) 759 and Rukam Deen Vs State of Himachal Pradesh 2023(1) Him L.R.(HC) 6161 and Section 201 of IPC in Narayan Singh vs State of H.P. & others 2022 STPL 9676 HP, Musharaf vs State of H.P. 2022(1) Shim.LC319 and Krishan Lal and others vs State of Himachal Pradesh & others 2022 STPL 10793 H.P. based on the compromise. These judgments are binding on this Court. 5. Therefore, in view of these precedents, the present petition is allowed and FIR No. 41/2021 dated 03.06.2021 for the commission of offencs punishable under Sections 341, 323, 325, 504, 506, 34 and 201 of IPC registered at Police Station Lambagaon, District Kangra, H.P. is ordered to be quashed. Consequent upon the quashing of the FIR, criminal proceedings pending/initiated against the petitioners-accused in pursuance thereto are also ordered to be quashed. 4 Neutral Citation No. ( 2025:HHC:9261 ) 6. Petition stands disposed of in the above terms, so also pending applications, if any. 7. 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 ___April, 2025 (saurav pathania)