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High Court of Himachal Pradesh · body

2026 DAILYLAW 3451 (HP)

TARA CHAND SAINI v. STATE OF HP AND ANOTHER

CRMMO/1259/2025 · 2026-04-22

Rakesh Kainthla

body2026

Judgment text

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2026:HHC:12751 _____________________________ 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. 1259 of 2025 Reserved on: 31.03.2026 Date of Decision: 22.04.2026 Tara Chand ...Petitioner Versus State of H.P. & another ...Respondents Coram Hon’ble Mr Justice Rakesh Kainthla, Judge. Whether approved for reporting? No. For the petitioner : Mr. G.R.Palsra Advocate, for the petitioner. For the respondents : Mr. Lokender Kutlehria, Additional Advocate General for respondent No.1/State. Mr. Lokesh Thakur, Advocate, for the respondent No.2. Rakesh Kainthla, Judge The petitioner has filed the present petition for quashing of FIR No. 01 of 2025, dated 01.01.2025, registered for the commission of offences punishable under Sections 125(a), 125(b) and 281 of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Section 187 of Motor Vehicles (M.V.) Act at Police Station Balh, District 2 2026:HHC:12751 Mandi, H.P. as well as consequential proceedings arising out of the said F.I.R. based on the compromise. 2. It has been asserted that the petitioner and informant have amicably settled the matter amongst themselves with the intervention of respectable persons of the society. The informant does not want to proceed further with the matter after compromise. Hence, the present petition. 3. Statement of informant-Hari Singh was recorded on 25.02.2026, in which he stated that he had compromised the matter with the petitioner voluntarily without any influence from any person and he has no objection in case the F.I.R as well as proceedings arising out of the same are ordered to be quashed. 4. The police have filed a status report reproducing the contents of the F.I.R. and the steps taken during the investigation. 5. I have heard learned counsel for the parties and have gone through the records carefully. 6. In the present case, the F.I.R. was registered for the commission of offences punishable under Sections 125(a), 125(b) and 281 of BNS which corresponds to Sections 337, 338 and 279 of IPC, respectively. This Court had already quashed the F.I.R. 3 2026:HHC:12751 registered for the commission of aforesaid offences in Sushant vs State of H.P. 2023 HHC 531, Vikas Huda vs State of H.P. 2023 STPL 3009, Kulwidner Singh vs Ankush Kumar 2023 HLR384 and Nishant vs. State 2022 Suppl. Law Cases 45 based on compromise. This Court has already quashed the F.I.R. registered for the commission of an offence punishable under Section 187 of M.V. Act in Suresh Kumar v. State of H.P.2022(1) Him L.R. (HC) 81, Vijender Mehta and another vs. State of H.P. and another (2023) ACC 488 (HP) and Sandeep Kumar vs. State of H.P. and others II (2003) ACC 651 (H.P) and these judgments are binding upon this Court. 7. Consequently, the present petition is allowed, and the FIR No. 01 of 2025 dated 01.01.2025, registered for the commission of offences punishable under Sections 125(a), 125(b) and 281 of the BNS and Section 187 of M.V. Act at Police Station Balh, District Mandi, H.P. as well as consequential proceedings arising out of F.I.R. are quashed. 8. Petition stands disposed of in the above terms, so also pending applications, if any. 9. Parties are permitted to produce a copy of this judgment, downloaded from the webpage of the High Court of 4 2026:HHC:12751 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. (Rakesh Kainthla) Judge 22nd April, 2026 (ravinder)