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High Court of Himachal Pradesh · body

2025 DAILYLAW 7046 (HP)

SHALANDER SHARMA v. THE STATE OF HP AND ANR.

CRMMO/109/2025 · 2025-06-17

Rakesh Kainthla

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:HHC:18363 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MMO No. 109 of 2025 Reserved on: 3.6.2025 Date of Decision: 17.6.2025. Shalander Sharma ...Petitioner 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. Munish Dhatwalia, Advocate, For Respondent No.1/State : Mr. Prashant Sen, Deputy Advocate General. For Respondent No.2 : Mr. Rakesh Thakur, Advocate. Rakesh Kainthla, Judge The petitioner has filed the present petition for quashing of FIR No. 72 of 2023, dated 15.7.2023, registered at Police Station, Dhanotu, District Mandi, H.P. for the commission of offences punishable under Sections 451, 354-D, 506 and 201 of the Indian Penal Code (IPC), and consequent proceedings 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes. 2 2025:HHC:18363 arising out of the FIR. It has been asserted that the matter has been compromised between the parties. Hence the petition. 2. The statement of the victim was recorded on 5.5.2025, in which she stated that she had entered into a compromise with the accused voluntarily without any influence from any person. She does not want to proceed further with the matter because of the compromise. 3. The status report shows that the police have filed the charge sheet against the accused for the commission of offences punishable under Sections 451, 354-D, 506 and 201 of the IPC. The offence punishable under 451 of the IPC is compoundable under Section 320 of the Cr. P.C. This Court has 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) 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. 4. Therefore, in view of these precedents, the present petition is allowed and the FIR No. 72 of 2023, dated 15.7.2023, 3 2025:HHC:18363 registered at Police Station, Dhanotu, District Mandi, H.P. for the commission of offences punishable under Sections 451, 354-D, 506 and 201 of the IPC and consequent proceedings arising out of the FIR are quashed. Consequent upon the quashing of the FIR, criminal proceedings pending/initiated against the petitioner-accused in pursuance thereto are also quashed. 5. Petition stands disposed of in the above terms, so also pending applications, if any. 6. 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 17th June, 2025 (Chander)