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2026 DAILYLAW 16389 (HP)

HARDIK v. STATE OF HP AND OTHERS

CRMMO/429/2026 · 2026-07-21

Rakesh Kainthla

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:HHC:29830 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MMO No: 429 of 2026 Reserved on: 13.07.2026 Date of Decision: 21.07.2026 Hardik ..Petitioner Versus State of H.P. and Ors ...Respondents Coram Hon’ble Mr Justice Rakesh Kainthla, Judge. Whether approved for reporting?1 No For the Petitioner : Mr Hemant Kumar Thakur, Advocate. For Respondents No.1 to 3 : Mr Ajit Sharma, Deputy Advocate General. For Respondent No.4 : Ms Dhanwanti Devi, Advocate. Rakesh Kainthla, Judge The petitioner has filed the present petition for quashing of FIR No. 13/2026 dated 04.03.2026 registered at Police Station Sadar Shimla, District Shimla, H.P., for the commission of offences punishable under Sections 281 and 125(b) of Bharatiya Nyaya Sanhita (BNS), 2023, based on the compromise between the parties. It has been asserted that the parties were known to each 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes. 2 2026:HHC:29830 other and they have compromised the matter with the intervention of respectable persons of their families. The informant/ victim does not want to proceed further with the matter after the compromise. Hence the petition. 2. The statement of informant/victim Rajesh Kumar was recorded on 11.05.2026, in which he stated that he had entered into a compromise with the accused voluntarily without any influence from any person, and he had no objection to quashing the FIR based on a compromise between the parties. 3. I have heard learned counsel for the parties and have gone through the records carefully. 4. The offences punishable under Section 281 and 125 (b) of BNS correspond to Sections 279 and 337 of IPC. This Court has already quashed the F.I.R. registered for the commission of offences punishable under Sections 279 and 337 of IPC in Sushant vs State of H.P. 2023 HLJ 531, Vikas Huda vs. State of H.P. 2023 STPL 3009, Kulvinder Singh vs Ankush Kumar 2023 HLR 384, Ashish Kumar vs. State of H.P. and another 2024 HHC:16368 and Nishant vs. State 2022 Suppl. Shim Law Cases 45 based on compromise. These judgments are binding on this Court. 3 2026:HHC:29830 5. In view of these binding precedents, the present petition is allowed, and FIR No. 13/2026 dated 04.03.2026 registered at Police Station Sadar, Shimla, District Shimla, H.P., for the commission of offences punishable under Sections 281 and 125(b) of BNS and criminal proceedings pending/initiated against the petitioner-accused in pursuance thereof are ordered to be quashed. 6. Petition stands disposed of in the above terms, so also pending miscellaneous 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 the Website of the High Court. (Rakesh Kainthla) Judge 21st July, 2026 (Nikita)