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2025 DAILYLAW 9894 (HP)

ANKUSH AND ANR v. STATE OF HP AND ANR

CRMMO/287/2025 · 2025-07-15

Rakesh Kainthla

body2025

Judgment text

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1 2025:HHC:22695 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MMO No. 287 of 2025 Reserved on: 8.7.2025 Date of Decision: 15.07.2025 Ankush Sharma and another ...Petitioners Versus State of H.P. & another ...Respondents Coram Hon’ble Mr Justice Rakesh Kainthla, Judge. Whether approved for reporting? No. For the petitioners : Ms. Gayatri, Advocate. For respondent No.1 : Mr. Jitender K. Sharma, Additional Advocate General, with Inspector Sandeep Pathania, SHO, PS Dehra, District Kangra. For respondent No.2 : Mr. Divya Raj Singh, Advocate. Rakesh Kainthla, Judge The petitioner has filed the present petition for quashing of FIR No. 52 of 2018, dated 10.4.2018, registered at Police Station Dehra, District Kangra, H.P. for the commission of offences punishable under Sections 323, 324, 341 and 504 of the Indian Penal Code (IPC) and consequential proceedings arising out of the said FIR. It is asserted that the incident occurred in a spur of 2 2025:HHC:22695 the moment. Both parties filed cross cases against each other. They have settled the matter to maintain cordial relations. Hence, the present petition. 2. Statement of informant, Malkiat Singh, was recorded on 08.05.2025, in which he stated that he had entered into a compromise with the accused voluntarily without any influence from any person. He did not want to proceed further with the FIR, and had no objection in case the FIR is quashed. 3. The police filed the status report, which shows that the charge sheet has been filed for the commission of offences punishable under Sections 341, 323, 324 and 504 read with Section 34 of the IPC. Offences punishable under Sections 341, 323 and 504 of the IPC are compoundable under Section 320 of Cr.P.C. 4. This Court had already quashed the F.I.R. registered for the commission of offences punishable under Section 324 of IPC in Ram Krishan alias Ramu vs. State of H.P.& others Latest HLJ 2021(2) (HP) 1327, Amir Hussain vs State of Himachal Pradesh 2022(1)Him.L.R.195, Braham Dass & others vs. State of H.P & others 2022(1) Him.L.R.466, Inderjeet Singh & others vs State of H.P. & others 2022(2)Him.LR.1217, Raj Kumar @ Raj & Ors. vs. State of 3 2025:HHC:22695 Himachal Pradesh & Anr. Latest HLJ 2022(HP)(1) 759 and Rukam Deen Vs State of Himachal Pradesh 2023(1) Him L.R.(HC) 6161 based on the compromise. These judgments are binding on this Court. 5. Therefore, in view of these precedents, the present petition is allowed and FIR No. 52 of 2018, dated 10.4.2018, registered at Police Station Dehra, District Kangra, H.P., for the commission of offences punishable under Sections 323, 324, 341, and 504 of the IPC and consequent proceedings arising out of the said F.I.R. are quashed. 6. Petition stands disposed of in the above terms, so also pending applications, if any. 7. 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 15th July, 2025 (Chander)