Research › Search › Judgment

High Court of Himachal Pradesh · body

2025 DAILYLAW 4609 (HP)

RAKESH KUMAR v. STATE OF HP AND ANR

CRMMO/22/2025 · 2025-04-30

Rakesh Kainthla

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MMO No. 22 of 2025 Reserved on: 10.04.2025 Date of Decision: 30.04.2025 Rakesh Kumar ….Petitioner Versus State of H.P and anr ....Respondents Coram Hon’ble Mr Justice Rakesh Kainthla, Judge. Whether approved for reporting? Yes For the Petitioner : Mr. Munish Datwalia, Advocate. For Respondents : Mr. Jitender K. Sharma, Additional Advocate General for respondents No.1-State. : Mr. Rakesh Thakur, Advocate, vice Mr. Ram Kumar, Advocate, for respondent No.2. Rakesh Kainthla, Judge The petitioner has filed the present petition under Section 528 of Bharatiya Nagrik Suraksha Sanhita, 2023 for quashing of FIR No.0133 of 2024, dated 18.12.2024, for the commission of offences punishable under Sections 75(1) (III) and 78 of Bharatiya Nyaya Sanhita, 2023 (BNNS) at Police Station Badsar, District Hamirpur, H.P. 2 2. It has been asserted that the matter has been compromised with the intervention of the respectable persons of the society, therefore, the complainant does not want to proceed further in view of the compromise. Hence, the present petition. 3. Statement of victim/informant was recorded on 06.03.2025 in which she stated that she had voluntarily compromised the matter with the petitioner without any influence or coercion from any person. She does not want to proceed further in the matter and she has no objection, in case the FIR is quashed based on the compromise. 4. I have heard learned counsel for the parties and have gone through the records carefully. 5. In the present case, the F.I.R. was lodged for the commission of offences punishable under Sections 75(1)(III) and 78 of BNS, which correspondence to Sections 354-A and 354-D of IPC. This Court had already quashed the F.I.R. under Sections 354-A and 354-D in Rohit Kumar Sharma vs. State of H.P. & anr 2024 HHC:3943 and Saurav & others vs. State of H.P. & another 2024:HHC:8419. 6. Therefore, in view of these precedents, the present petition is allowed and No.0133 of 2024, dated 18.12.2024, registered 3 for the commission of offences punishable under Sections 75(1) (III) and 78 of Bharatiya Nyaya Sanhita, 2023 (BNS) at Police Station Badsar, District Hamirpur, H.P. is 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 certified copy but if required, may verify passing of the order from Website of the High Court. (Rakesh Kainthla) Judge 30th April, 2024. (ravinder)