Extracted from the PDF above. The PDF is authoritative.
2025:HHC:11239 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MMO No. 107 of 2025 Reserved on: 27.03.2025 Date of Decision: 28.04.2025 Mahinder Singh and others ….Petitioners Versus State of H.P. and another ....Respondents Coram Hon’ble Mr Justice Rakesh Kainthla, Judge. Whether approved for reporting? 1 No. For the Petitioner : Mr. Jai Ram Sharma, Advocate. For Respondent No.1/ State : Mr. Ajit Sharma, Deputy Advocate General, for respondent No.1/State. For Respondent No.2 : Mr. Sahil Dixit, Advocate, for respondent No.2. Rakesh Kainthla, Judge The petitioners have filed the present petition under Section 528 of Bharatiya Nagrik Suraksha Sanhita (BNSS), 2023 for quashing of FIR No. 122 of 2024, dated 11.08.2024, registered for the commission of offences punishable under Sections 332(c), 74, 79, 115(2), 126(2), 351(2) and 3(5) of Bharatiya Nayaya Sanhita (BNS), 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes. 2 2025:HHC:11239 2023, at Police Station Indora, District Kangra, H.P. and consequent proceedings arising out of it. 2. It has been asserted that the matter has been compromised between the parties. The petitioners and the informant belong to the same family. The parties want to maintain a cordial relationship with each other. Hence, the petition. 3. The statement of the informant was recorded on 10.3.2025, in which she stated that she had entered into a compromise with the accused/petitioners voluntarily, and she has no objection in case the present petition is allowed and the FIR is ordered to be quashed. 4. I have heard learned counsel for the parties and have gone through the records carefully. 5. The offences punishable under Section 115(2), 126(2), 332(c), 351 (2) and 79 of BNS are compoundable as per Section 359 of BNSS. The offence punishable under Section 74 corresponds to Section 354 of the IPC. 6. This Court had already quashed the F.I.R. under Section 354 of IPC in Vidya Devi vs State of Himachal Pradesh & others 2022 STPL 13724 HP, Chaman Lal vs State of H.P., Latest HLJ 2023 (HP) (1)
3 2025:HHC:11239 213, Ameen vs State of Himachal Pradesh & others, 2023(1) Him. L.R. 375 and Rakesh Verma vs State of H.P., Latest HLJ 2022 (HP) (2) 952 based on compromise. These judgments are binding on this Court. 7.
Therefore, in view of these precedents, the present petition is allowed and FIR No. 122 of 2024, dated 11.08.2024, for the commission of offences punishable under Sections 332(c), 74, 79, 115(2), 126(2), 351(2) and 3(5) of Bharatiya Nayaya Sanhita, 2023 (BNS) at Police Station Indora, District Kangra, H.P. and consequent proceedings are quashed. 8. Petition stands disposed of in the above terms, so also pending miscellaneous applications, if any. 9. 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 25th April, 2024. (Chander)