2026:HHC:36665 _____________________________ 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. 905 of 2023 Reserved on: 19.08.2026 Date of Decision 27.08.2026 Chetan Chinmay Joshi & 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 : Mr Sudhir Thakur, Senior Advocate, with Mr Karun Negi, Advocate. For the respondents : Mr Jitender Sharma, Additional Advocate General, for respondent No.1. Mr Saurab Aluwalia, Advocate, for respondent No. 2. Rakesh Kainthla, Judge The petitioners have filed the present petition for quashing of FIR No. 32 of 2022 dated 01.11.2022. Registered at Women Police Station, Solan, District Solan, H.P., for the commission of offences punishable under Sections 498-A, 377, 354, and 504 read with Section 34 of the Indian Penal Code (IPC), based on a compromise between the parties. 2 2026:HHC:36665 2. This Court held on 17.07.2025 that the offence punishable under Section 377 of the IPC cannot be quashed based on the compromise. However, the offence punishable under Section 498-A, 354, 504 and Section 34 of the IPC can be quashed based on a compromise. This order was assailed before the Hon'ble Supreme Court of India, and SLP (Criminal) Diary No. 53245 of 2025 was dismissed by the Hon'ble Supreme Court of India on 10.11.2025. 3. The statement of the informant/victim was recorded on 16.12.2025, in which she stated that she had voluntarily entered into a compromise with the accused without any influence or coercion from any person. She does not want to proceed further with the FIR lodged by her and had no objection to quashing the FIR based on a compromise. 4. The petition shows that the matter had arisen out of the matrimonial dispute, and the F.I.R. for the commission of offences punishable under Section 498A of IPC can be quashed as per 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. This Court has already quashed the F.I.R. registered 3 2026:HHC:36665 for the commission of an offence under Section 354 of the IPC in Vidya Devi vs State of Himachal Pradesh & others, 2022 STPL 13724 HP, Chaman Lal vs State of H.P., Latest HLJ 2023 (HP) (1) 213, Ameen vs State of Himachal Pradesh & others, 2023(1) Him. L.R 375 and Rakesh Verma vs State of H.P. Latest HLJ 2022 (HP) (2) 952. 5. The offence punishable under Section 504 of the IPC is compoundable under Section 320 of the Code of Criminal Procedure. Section 320(3) provides that when the offence is compoundable, and the person is liable under Section 34 of the IPC, the offence can be compounded. Hence, the offence punishable under Section 504 read with Section 34 of the IPC can be compounded. 6. It was submitted that the F.I.R. for the commission of the offence punishable under Section 377 of the IPC can also be quashed. Reliance was placed upon judgments of the Hon’ble Supreme Court in Jasveer Singh Sodhi & Ors. vs State of H.P. & Anr. Criminal Appeal No(s) of 2025 arising out of SLP (Crl.) No. D No. 58295 of 2024, decided on 19.09.2025, and Avi Tyagi vs. Vivek Tyagi MANU/SCOR/62477/2023 and Naushey Ali & Ors. vs. State of U.P. & Ors. MANU/SC/0191/2025. This submission is only stated to be rejected. This Court has already held that the offence 4 2026:HHC:36665 punishable under Section 377 cannot be quashed, and this order was upheld by the Hon'ble Supreme Court. Therefore, it is impermissible for this Court to hold that the offence punishable under Section 377 of IPC can be quashed. Since this Court is bound by its earlier decision and as affirmed by the Hon'ble Supreme Court, it is not necessary to refer to the judgments cited at the bar 7. Therefore, in view of the above, the present petition is partly allowed, and F.I.R. No. 32 of 2022, dated 01.11.2022 is partly quashed for the commission of offences punishable under Sections 498A, 354, 504 read with Section 34 of IPC at women Police Station Solan, District Solan, H.P.. However, the same will proceed for the commission of an offence punishable under Section 377 of the IPC in terms of the earlier order. 8. The observations made hereinabove are regarding the disposal of this petition and will have no bearing whatsoever on the merits of the case. (Rakesh Kainthla) Judge 27th August, 2026 (Ravinder)