GAURAV GUPTA AND OTHERS v. STATE OF HP AND ANOTHER
CRMMO/415/2026 · 2026-08-04
Rakesh Kainthla
body2026
DailyLaw.ai
[ 2026 DAILYLAW 20708 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 20708 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2026:HHC:32276 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MMO No: 415 of 2026 Reserved on: 28.07.2026 Date of Decision: 04.08.2026 Gaurav Gupta & Ors
...Petitioners Versus State of H.P. and Anr. ...Respondents Coram Hon’ble Mr Justice Rakesh Kainthla, Judge. Whether approved for reporting?1 No For the Petitioners
: Ms Bhawna Dutta, Advocate. For Respondent No.1/State : Mr Ajit Sharma, Deputy
Advocate General. For Respondent No.2 : Mr K.B. Khajuria, Advocate. Rakesh Kainthla, Judge The petitioners have filed the present petition for quashing of FIR No. 26 of 2022 dated 05.12.2022 registered at Women Police Station BCS, District Shimla, H.P. for the commission of offences punishable under Section 498A read with Section 34 of IPC and consequential proceedings arising out of it and pending before the learned Judicial Magistrate First Class, Shimla. 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes. 2 2026:HHC:32276
2. It has been asserted that the marriage between Petitioner no. 1 Gaurav Gupta and the informant was solemnised as per Hindu Rites and Customs on 15.07.2021. The differences arose between the parties, and the informant made a complaint to the police. The police registered the FIR. The matter has been settled between the parties, and the victim does not want to proceed further with the matter after the compromise. She had taken divorce from petitioner no. 1, and both the parties want to proceed further with their lives. Hence, the present petition. 3. The informant’s statement was recorded on 22.06.2026 in which she stated that she had entered into a compromise with the accused voluntarily without any influence from any person and she had no objection to quashing the FIR based on a compromise between the parties. 4. I have heard learned counsel for the parties and have gone through the record carefully. 5. The offence punishable under Section 498A relates to a matrimonial offence which can be quashed in terms of the judgments titled 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
3 2026:HHC:32276 (HP) and Sanjay Kumar vs. State of H.P 2023 (1) Him L.R. 602 based on the compromise and these judgments are binding on this Court. 6.
In view of the above, the present petition is allowed, and FIR No. 26 of 2022 dated 05.12.2022 registered at Women Police Station BCS, District Shimla, H.P. for the commission of an offence punishable under Section 498A read with Section 34 of IPC and consequential proceedings arising out of it and pending before the learned Judicial Magistrate First Class, Shimla are ordered to be quashed based on a compromise between the parties. 7. Petition stands disposed of in the above terms, so also pending miscellaneous 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 the passing of the order from the Website of the High Court. (Rakesh Kainthla) Judge 4th August, 2026 (Nikita)