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2026 DAILYLAW 3394 (HP)

SUNANDAN SHARMA AND OTHERS v. STATE OF HP AND ANOTHER

CRMMO/273/2026 · 2026-04-20

Jiya Lal Bhardwaj

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

( 2026:HHC:12486 ) IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.MMO No. 273 of 2026. Decided on : 2 0 th April, 2026. Sunandan Sharma & Ors. ...Petitioners. Versus State of H.P. & Anr. ....Respondents. Coram: The Hon’ble Mr. Justice Jiya Lal Bhardwaj, Judge. Whether approved for reporting?1 For the Petitioners: Mr. Munish Datwalia, Advocate. For the respondents: Mr. Ajit Sharma, Dy. A.G. for respondent- State. ASI Rajeev Kumar, P.S. Talai, District Bilaspur is present in person. Mr. Rakesh Thakur, Advocate, for respondent No.2. Jiya Lal Bhardwaj, Judge (Oral). Respondent No.1/State has filed the status report, which is taken on record. 2. Statement of respondent No.2 has been recorded separately. 3. By way of instant petition instituted under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), a prayer 1 Whether reporters of the local papers may be allowed to see the judgment? 2 ( 2026:HHC:12486 ) has been made to quash FIR No.54 of 2021, dated 09.06.2021 under Sections 354-D, 506 read with Section 34 of the IPC and Sections 66(a) and 66(c) of the Information Technology Act, 2000 registered at Police Station Talai, District Bilaspur, H.P. 4. A perusal of the status report filed by the respondent/State reveals that the charge sheet has been filed and the matter is now pending adjudication in the Court of learned Judicial Magistrate 1st Class, Jhandutta and the matter is now listed for recording of prosecution evidence on 22.06.2026. 5. Respondent No.2, at whose instance the FIR was lodged, has got recorded her statement before this Court and has stated that she has no objection in case the FIR lodged by her and the consequential proceedings emanating therefrom are quashed and set aside. Respondent No.2 has stated in unequivocal words that a compromise has been entered between her and the petitioners without any influence from any person and she does not want to proceed further with the matter because of the compromise. 6. It is worth to mention here that this Court has already qushed the FIR under Section 354 of IPC in Vidya Devi vs. State of Himachal Pradesh & Ors., 2022 STPL 13724 HP, Chaman Lal vs. State of H.P., Latest HLJ 2023 (HP) (1) 213, Ameen vs. State of Himachal Pradesh 3 ( 2026:HHC:12486 ) & others, 2023(1) Him. L.R. 375 and Rakesh Verma vs. State of H.P., Latest HLJ 2022 (HP (2) 952 based on compromise. 7. Keeping in view the fact that the matter has been settled between the parties as well as in view of the precedent mentioned above, the present petition is allowed and the FIR No.54 of 2021, dated 09.06.2021 under Sections 354-D, 506 read with Section 34 of the IPC and Sections 66(a) and 66(c) of the Information Technology Act, 2000 registered at Police Station Talai, District Bilaspur, H.P. and consequent proceedings arising out of the aforementioned FIR are quashed. Resultantly, the petitioners are acquitted of the offences. 8. Accordingly, the instant petition stands disposed of in the aforesaid terms, so also, the pending 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 Website of the High Court. (Jiya Lal Bhardwaj) Judge 20th April, 2026. (jai)