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2025 DAILYLAW 30322 (HP)

SANJEEV MOHAMMAD AND ANOTHER v. STATE OF HP AND OTHERS

CRMMO/452/2025 · 2025-11-13

Rakesh Kainthla

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:HHC:38110 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MMO No. 452 of 2025. Reserved on: 28.10.2025. Date of Decision: 13.11.2025. Sanjeev Mohammad and another ...Petitioners Versus State of H.P. and others ...Respondents Coram Hon’ble Mr Justice Rakesh Kainthla, Judge. Whether approved for reporting?1 No. For the Petitioners : Mr Divya Raj Singh, Advocate. For Respondent No.1/State : Mr Jitender Sharma, Additional Advocate General. For Respondents No.2 and 3 : None. Rakesh Kainthla, Judge The petitioners have *led the present petition for quashing of FIR No. 100 of 2017, dated 21.4.2017, registered at Police Station Baddi, District Solan, H.P. for the commission of o1ences punishable under Sections 452, 427 and 323 read with Section 34 of the Indian Penal Code (IPC) and the consequential proceedings pending before learned Judicial Magistrate First Class, Nalagarh, District Solan, H.P. based on a compromise e1ected between the parties. 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes. 2025:HHC:38110 2. It has been asserted that the complainant realised after the registration of FIR that it was lodged in the heat of the moment. The complainant settled the matter with the accused, and he does not want to proceed further with the matter. Hence the petition. 3. The statement of the informant/victim Pammi was recorded by this Court on 6.6.2025, and the statement of the victim Salamat was recorded by the learned Additional Chief Judicial Magistrate, Nalagarh, on 13.6.2025. 4. I have heard learned counsel for the parties and have gone through the records carefully. 5. The o1ences punishable under Sections 427 and 323 of IPC are compoundable under Section 320 of Cr.P.C. Section 320(3) of Cr.P.C. provides that when the o1ences are compoundable under this Section, and the accused is liable under Section 34 or Section 149 of IPC, the o1ence may be compounded. This Court had already quashed the F.I.R. registered for the commission of an o1ence 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 2025:HHC:38110 Chaman Lal vs. State of H.P. Latest HLJ 2023(HP) (1)213 based on compromise. These judgments are binding on this Court. 6. Consequently, the present petition is allowed and the FIR No. 100 of 2017, dated 21.4.2017, registered at Police Station Baddi, District Solan, H.P., for the commission of o1ences punishable under Sections 452, 427 and 323 read with Section 34 of IPC and the consequential 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 miscellaneous 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 certi*ed copy, but if required, may verify passing of the order from the Website of the High Court. (Rakesh Kainthla) Judge 13th November 2025 (Chander)