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2026 DAILYLAW 21261 (HP)

DEEPAK SHARMA AND ANOTHER v. STATE OF HP AND ANOTHER

CRMMO/639/2026 · 2026-08-25

Rakesh Kainthla

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:HHC:36064 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MMO No. 639 of 2026 Reserved on: 21.8.2026 Date of Decision: 25.8.2026. Deepak Sharma & anr ….Petitioners Versus State of HP & anr. …. Respondents Coram Hon’ble Mr Justice Rakesh Kainthla, Judge. Whether approved for reporting? No. For the Petitioners : Mr Owais Khan Pathan, Advocate. For Respondent No.1-State : Mr Ajit Sharma, Deputy Advocate General. For Respondent No.2 : Ms Kamlesh Kumari, Advocate. Rakesh Kainthla, Judge The petitioners have -led the present petition for quashing of FIR No.52 of 2018, dated 3.5.2018, registered at Police Station, Shimla (East), District Shimla, H.P., for the commission of o8ences punishable under Sections 497, 494, 120-B and 506 read with Section 34 of the Indian Penal Code 2 2026:HHC:36064 (IPC) and the consequential proceedings arising out of it based on a compromise between the parties. 2. It has been asserted that the parties entered into a compromise on 01.04.2026 during the pendency of the proceedings before the learned Trial Court. The informant also -led an application before the learned Trial Court seeking an adjournment to get the FIR quashed based on a compromise between the parties. Hence the petition. 3. The informant’s statement was recorded on 13.07.2026, in which he stated that he had entered into a compromise with the petitioner/accused voluntarily without any inBuence from any person, and had no objection to quashing the FIR based on the compromise between the parties. 4. The police -led a status report asserting that the charge sheet was -led against the petitioner Deepak Sharma for the commission of o8ences punishable under Sections 494, 120B, 506 read with Section 34 of IPC and against petitioner Rekha Devi for the commission of o8ences 3 2026:HHC:36064 punishable under Section 494, 120B read with Section 34 of IPC and the matter is pending before the Court. 5. Section 320 of the Code of Criminal Procedure (CrPC) makes the o8ences punishable under Sections 494, 497 and 506 of the IPC cognizable. Section 320(3) of the CrPC provides that when an o8ence is compoundable under this Section, and the accused is liable under Section 34 of the IPC, the o8ence may be compounded. Therefore, the o8ences punishable under Sections 494, 497 and 506 read with Section 34 of IPC can be compounded. This Court has already quashed the FIR registered for the commission of o8ences punishable under Section 120B of the IPC, inter alia, in Avinash Singh Rana Vs. State of HP & ors. 2023 STPL 3181 HP, Om Dutt and ors. Vs. State of H.P. & Ors. 2022 STPL 9882 HP, Rajdeep Sharma and Ors. Vs. State of H.P. & Ors. 2022 STPL 9545 HP, Rakesh Kumar Vs. State of HP & Ors. 2022 STPL 9443 HP and Faisel Babu Naduvil Parambil Vs. State of HP and anr. 2019 STPL 4216 HP. These judgments are binding upon this Court. 6. In view of these binding precedents, the present petition is allowed and FIR No.52 of 2018, dated 3.5.2018, 4 2026:HHC:36064 registered at Police Station, Shimla (East), District Shimla, H.P., for the commission of o8ences punishable under Sections 497, 494, 120-B and 506 read with Section 34 of the IPC and the consequential proceedings pending/initiated against the petitioners-accused in pursuance thereof are ordered to be quashed. 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 certi-ed copy, but if required, may verify passing of the order from the Website of the High Court. (Rakesh Kainthla) Judge 25th August, 2026 (Chander)