Extracted from the PDF above. The PDF is authoritative.
2025:HHC:16786
_____________________________ 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. 208 of 2025
Reserved on: 14.05.2025
Date of Decision:30.05.2025
Devender Kumar
...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. Vishal Singh Thakur, Advocate vice Mr. Sushant Vir Singh Thakur, Advocate. For the respondents :
Mr. Lokender Kutlehria, Additional Advocate General for respondent No.1/State. Ms. Shivani Priya, Advocate, for respondent No.2. Rakesh Kainthla, Judge
The petitioner has filed the present petition for quashing of FIR No. 0002 of 2025, dated 01.01.2025, registered for the commission of offences punishable under Sections 125(a) and 281 of the Bharatiya Nyaya Sanhita, 2023 (BNS) at Police Station Sadar, District Bilaspur, Himachal Pradesh based on the compromise. 2 2025:HHC:16786
2. It has been asserted that parties have resolved their dispute amicably and they do not want to proceed further with the present matter. The continuation of the proceeding amounts to an abuse of process of law. Hence, the petition. 3. Statement of informant-Dheeraj Thakur was recorded on 26.03.2025, in which he stated that he had compromised the matter with petitioner voluntarily without any influence from any person and he has no objection in case F.I.R as well as proceedings arising out of the same are ordered to be quashed. 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 registered for the commission of offences punishable under Sections 125(a) and 281 of BNS which correspond to Sections 337 and 279 of IPC, respectively. This Court had already quashed the F.I.R. registered for the commission of aforesaid offences in Sushant vs State of H.P. 2023 HHC 531, Vikas Huda vs State of H.P. 2023 STPL 3009, Kulwidner Singh vs Ankush Kumar 2023 HLR384 and Nishant vs. State 2022 Suppl. Law Cases 45 are based on compromise. These judgments are binding on this Court. 3 2025:HHC:16786
6. Consequently, the present petition is allowed, and the FIR No. 0002 of 2025 dated 01.01.2025, registered for the commission of offences punishable under Sections 125(a) and 281 of the BNS, at Police Station Sadar, District Bilaspur, H.P. as well as consequential proceedings arising out of F.I.R. are quashed. 7.
Petition stands disposed of in the above terms, so also pending 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 May, 2025 (ravinder)