Extracted from the PDF above. The PDF is authoritative.
1
2025:HHC:44352 ______________ 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes. IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr. MMO No. 999 of 2025
Reserved on: 01.12.2025
Date of Decision: 18.12.2025
Kundan Tirkey
....Petitioner Versus State of H.P & another
....Respondents Coram Hon’ble Mr Justice Rakesh Kainthla, Judge. Whether approved for reporting? No.
For the Petitioner : Mr. Munish Kumar, Advocate. For the Respondents : Mr. Lokender Kutlehria, Additional Advocate General, for respondent No.1. : Ms. Mamta Bhatwan, Advocate, for respondent No.2. Rakesh Kainthla, Judge
The present petition has been filed for quashing of FIR No.255 of 2020, dated 13.11.2020, registered for the commission of an offence punishable under Section 456 of Indian Penal Code (IPC) at Police Station Sadar Shimla, District Shimla, H.P. and
2 2025:HHC:44352 consequent proceedings arising out of the said F.I.R. based on the compromise. 2. It has been asserted that the parties have entered into a compromise after the registration of the F.I.R. with the intervention of respectable persons of the society. Hence, it has been prayed that the present petition be allowed and the F.I.R. be ordered to be quashed. 3. Statement of informant Amar Oli was recorded on 30.10.2025 in which he stated that the matter had been compromised voluntarily without any influence from any person and he has no objection, in case the FIR lodged against the petitioner/accused is ordered to be quashed. 4. The police have filed a status report reproducing the contents of the F.I.R. and the steps taken during the investigation. 5. I have heard the learned counsel for the parties and have gone through the records carefully. 6. This Court has already quashed the F.I.R. registered for the commission of an offence punishable under Section 452 of IPC (Section 456 of IPC is which is graver offence as compared to Section 452 of IPC) in Chaman Lal versus State of H.P. Latest HLJ 2023 (HP) (1) 213, Avinash Singh Rana versus State of H.P. 2023 STPL
3 2025:HHC:44352 3181, Ameen versus State of H.P and others 2023 (1) Him. L.R. 375 and Prashant Dharmani & others vs State of H.P and others 2023 (1) Him. L.R. 241 based on the compromise. These judgments are binding upon this Court. 7.
Section 457 of IPC is aggravated form of Section 456 of IPC and if the Court considered the offence punishable under Section 457 of IPC to be capable being quashed based on the compromise, the offence punishable under Section 456 of IPC can also be compromised. 8. Therefore, in view of these precedents, the present petition is allowed and F.I.R. No. 255 of 2020, dated 13.11.2020, registered for the commission of an offence punishable under Section 456 of IPC is ordered to be quashed. Consequent upon the quashing of FIR, criminal proceedings pending/initiated against the petitioner-accused in pursuance thereto, are also ordered to be 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
4 2025:HHC:44352 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 18th December, 2025 (ravinder)