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2026 DAILYLAW 4644 (HP)

KUSHAL JETHI AND OTHERS v. STATE OF HP AND ANOTHER

CRMMO/1261/2025 · 2026-05-05

Rakesh Kainthla

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:HHC:14416 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MMO No. 1261 of 2025 Reserved on: 9.4.2026 Date of Decision: 5.5.2026. Kushal Jethi & ors. …. Petitioners Versus State of HP & anr. …. Respondents Coram Hon’ble Mr Justice Rakesh Kainthla, Judge. Whether approved for reporting?1 No. For the Petitioners : Mr. Karun Negi, Advocate. For Respondent No.1-State : Mr. Ajit Sharma, Deputy Advocate General. For Respondent No.2 : Mr. Rakesh Thakur, Advocate. Rakesh Kainthla, Judge The petitioners have filed the present petition for quashing of FIR No. 234 of 2019, dated 7.11.2019, registered at Police Station Sadar, District Solan, H.P., for the commission of offences punishable under Sections 341, 323, 451, 147, 148, 149, 504 and 506 of the Indian Penal Code (IPC) and consequential proceedings arising out of the said FIR based on the compromise effected between the parties. 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes. 2 2026:HHC:14416 2. It has been asserted that the parties have settled the matter amicably. The informant/victim has agreed to withdraw the present petition after the compromise. No fruitful purpose would be served by continuation of the proceedings. Hence the petition. 3. Statement of the informant/victim was recorded on 27.2.2026, in which he stated that he had entered into a compromise with the accused voluntarily without any influence or coercion from any person and has no objection in case the FIR is ordered to be quashed based on the compromise between the parties. 4. I have heard learned counsel for the parties and have gone through the records carefully. 5. The offences punishable under Sections 341, 323, 451, 504 and 506 of IPC are compoundable under Section 320 of Cr.P.C. Section 320(3) of Cr.P.C. provides that where an offence is compoundable, and the accused is liable under Sections 34 or 149 of the IPC, the offence may be compounded. Therefore, the offences punishable under Sections 341, 323, 451, 504 and 506 read with Section 149 of IPC can be compounded as per Section 3 2026:HHC:14416 320 of Cr.P.C. This Court had quashed the F.I.R. registered for the commission of offences punishable under Sections 147 and 148 of IPC, inter alias in Sivo Devi vs others vs State of HP 2023 (2), Shimla Law Cases 949, Umesh Kumar vs State Kumar HP 2022 STPL 10721, Satish Kumar State of H.P. 2022 STPL 10703, Inderjeet vs State of H.P. 2022(2) Himachal Law Reporter 1217 and Subhash Verma vs State of H.P. 2021 (3) Shimla Law Cases 1146 based on the compromise effected between the parties. These judgments are binding on this Court. 6. In view of these binding precedents, the present petition is allowed, and the FIR No. 234 of 2019, dated 7.11.2019, registered at Police Station Sadar, District Solan, H.P., for the commission of offences punishable under Sections 341, 323, 451, 147, 148, 149, 504 and 506 of IPC and consequential proceedings arising out of the FIR 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 4 2026:HHC:14416 authorities shall not insist on the production of a certified copy, but if required, may verify passing of the order from the Website of the High Court. (Rakesh Kainthla) Judge 5th May, 2026 (Chander)