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2026 DAILYLAW 18672 (HP)

VIRENDER MOUDGIL AND OTHERS v. STATE OF HP AND ANOTHER

CRMMO/421/2026 · 2026-08-06

Rakesh Kainthla

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

_____________________________ 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. 421 of 2026 Reserved on: 23.07.2026 Date of Decision: 06.08.2026 Virender Moudgil & others ...Petitioners Versus State of H.P. & another ...Respondents Coram Hon’ble Mr Justice Rakesh Kainthla, Judge. Whether approved for reporting? No. For the petitioners : M/s Deepak Kumar and Anuja Mehta, Advocates. For the respondents : Mr Ajit Sharma, Deputy Advocate General, for respondent No.1. : Ms Aafreen Kaushal, Advocate, for respondent No.2. Rakesh Kainthla, Judge The petitioners have filed the present petition for quashing of FIR No. 02 of 2023, dated 21.01.2023, registered for the commission of offences punishable under Sections 498A, 406 and 506 read with Section 34 of the Indian Penal Code (IPC) at Women Police Station Una, District Una, H.P. 2 and consequential proceedings arising therefrom, based on a compromise effected between the parties. 2. It has been asserted that the informant and petitioner no. 1 are husband and wife. The FIR was lodged because of a misunderstanding between the parties. The matter has been reconciled with the intervention of the respectable persons of the society. The informant does not want to proceed further with the matter after the compromise. Hence the petition. 3. The statement of the informant was recorded on 14.05.2026, in which she stated that she had entered into a compromise with the petitioners voluntarily without any influence from any person and she did not want to proceed further with the matter after the compromise. 4. The police have filed a status report reproducing the contents of the F.I.R. and the steps taken during the investigation. 5. Heard. 6. The offences punishable under Section 406 and 506 of IPC are compoundable under Section 320 of the Code 3 of Criminal Procedure (Cr.P.C). Section 320 (3) of Cr.P.C. provides that where the offences are compoundable and the accused is liable by virtue of Section 34 of IPC, the offences may be compounded. Hence, the offence punishable under Section 406 and 506 read with Section 34 of the IPC can be compounded. 7. The present petition has arisen out of a matrimonial dispute between the parties, which has been resolved between them. Hence, the F.I.R. registered for the commission of offence punishable under Section 498-A of IPC can be quashed as per the judgments of Gian Singh versus State, 2012 (10) SCC 303, Narender versus State of Punjab, 2014 (16) SCC 466, Vikas Singh vs. State of H.P. (2023) I DMC 335 (HP) and Sanjay Kumar vs. State of H.P 2023 (1) Him L.R. 602 based on the compromise. 8. Consequently, the present petition is allowed and F.I.R. No.02 of 2023, dated 21.01.2023, registered at Women Police Station Una, District Una, H.P., and consequent proceedings pending/initiated against the petitioners-accused in pursuance thereto are quashed. 4 9. Petition stands disposed of in the above terms, so also pending applications, if any. 10. 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 the passing of the order from the website of the High Court. (Rakesh Kainthla) Judge 06th August, 2026 (Ravinder)