Extracted from the PDF above. The PDF is authoritative.
2026:HHC:33176 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MMO No. 504 of 2026 Reserved on: 03.08.2026 Date of Decision: 07.08.2026. Sahil Jaswal and others ...Petitioners Versus State of H.P.& Ors ...Respondent Coram Hon’ble Mr Justice Rakesh Kainthla, Judge. Whether approved for reporting?1 No For the Petitioners : Mr Arun Kumar, Advocate vice Mr Sanjeev Kumar Suri, Advocate. For respondents No.1 to 3/State : Mr Jitender Sharma, Additional Advocate General. For respondent No.4. : Ms Abhilasha Kaundal, Advocate. Rakesh Kainthla,
Judge
The petitioners have filed the present petition for quashing of FIR No. 16 of 2021 dated 13.06.2021 registered at Women Police Station Una, District, Una, H.P. for the commission of offences punishable under Sections 498A, 323, 406 and 506 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes. 2 2026:HHC:33176 read with Section 34 of Indian Penal Code (IPC) based on a compromise effected between the parties. 2. It has been asserted that the informant and the petitioner no. 1 were married to each other. Differences arose between them which led to the registration of the FIR. Now the matter has been reconciled between the parties and the informant does not want to proceed further with the matter after the compromise. Hence, the petition. 3. The statement of the informant/victim was recorded on 24.06.2026, in which she stated that she had entered into a compromise with the petitioners voluntarily and she did not want to proceed further with the matter. The copy of the compromise (Annexure P2) also mentions that the differences between the parties have been reconciled and both the parties have undertaken to withdraw the cases filed by them against each other. 4. I have heard learned counsel for the parties and have gone through the records carefully. 5. The offences punishable under Sections 323, 406 and 506 of IPC are compoundable under Section 320 of the Code of
3 2026:HHC:33176 Criminal Procedure (CrPC), 1973. Section 320(3) of the CrPC reads that when the offences are compoundable, and a person is liable by virtue of Section 34, the offences may be compounded. Therefore, the offences punishable under Sections 323, 406, and 506 read with Section 34 of IPC can be compounded in terms of Section 320 of the CrPC. 6.
The offence punishable under Section 498A relates to a matrimonial offence which can be quashed in terms 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.P2023 (1) Him L.R. 602, which are binding upon this Court. 7. In view of the above, the present petition is allowed and FIR No. 16 of 2021 dated 13.06.2021 registered at Women Police Station Una, District, Una, H.P. for the commission of offences punishable under Sections 498A, 323, 406 and 506 read with Section 34 of IPC and consequential proceedings pending/initiated against the petitioners-accused in pursuance thereto are quashed. 4 2026:HHC:33176
8. Petition stands disposed of in the above terms, so also pending miscellaneous 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 the Website of the High Court. (Rakesh Kainthla) Judge 7th August, 2026 (Nikita)