Extracted from the PDF above. The PDF is authoritative.
2025:HHC:18375
____________ Whether reporters of the local papers may be allowed to see the judgment? Yes
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr.MMO No. 267 of 2025
Reserved on: 06.06.2025
Date of Decision: 17.06.2025
Rajesh Chander @ Bhandari ....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. Anupam Anzranni Mehta, Advocate. For respondents
:
: Ms. Tarun Pahtak, Deputy Advocate General, for the respondent No.1 Mr. Kamlesh Kumari, Advocate, vice Ms. Ranjana, Advocate, for respondent No.2. Rakesh Kainthla,Judge
The present petition has been filed under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, (BNSS) 2023, for quashing of F.I.R. No. 0270 of 2020, dated 12.12.2020, registered for the commission of offences punishable under Section 279, 323, 504 and 506 of the Indian Penal Code (IPC) at Police Station Shimla Sadar, District Shimla,
2 2025:HHC:18375 H.P. and consequential proceedings arising out of the said F.I.R based on compromise effected between the parties. 2. It has been asserted that the informant had reported the matter to the police. The matter was compromised with the intervention of common friends of the parties. 3. Statement of informant- Satya Prakash was recorded on 05.05.2025 in which he stated that he had entered into compromise with the petitioner 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. I have heard learned counsel for the parties and have gone through the records carefully. 6. The offences punishable under Sections 323, 504 and 506 of IPC are compoundable under Section 320 of Cr.P.C. This Court had already quashed the F.I.R. registered for the commission of offences punishable under Sections 279 of IPC in Sushant vs State of H.P. 2023 HLC 531, Vikas Huda vs. State of H.P. 2023 STPL 3009, Kulwidner Singh vs Ankush Kumar 2023 HLR 384 and Nishant vs. State 2022 Suppl. Law Cases 45 and others based on the compromise. These judgments are binding on this Court. 3 2025:HHC:18375
7. Therefore, in view of these precedents, the present petition is allowed and F.I.R. No. 0270 of 2020, dated 12.12.2020, registered for the commission of offences punishable under Sections 279, 323, 504 and 506 of IPC at Police Station Shimla Sadar, District Shimla 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. 8. Petition stands disposed of in the above terms, so also pending 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
17th June, 2024 (ravinder)