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2026 DAILYLAW 5561 (HP)

SWAROOP CHAND AND OTHERS v. STATE OF HP AND OTHERS

CRMMO/259/2025 · 2026-01-01

Rakesh Kainthla

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:HHC:66 _______________ Whether reporters of the local papers may be allowed to see the judgment? Yes IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MMO No. 259 of 2025 Reserved on: 16.12.2025 Date of Decision: 01.01.2026. Swaroop Chand & others ....Petitioners Versus State of H.P. & others ....Respondents Coram Hon’ble Mr. Justice Rakesh Kainthla, Judge. Whether approved for reporting? No. For the petitioners : Mr. Bhupinder Thakur, Advocate. For the respondents : : Mr. Parshant Sen, Deputy Advocate, General, for respondent No.1/State. Mr. Vikas Rathore, Advocate, for respondents No. 2 to 5. Rakesh Kainthla,Judge The present petition has been filed for quashing of F.I.R. No. 24 of 2019, dated 03.02.2019, registered for the commission of offences punishable under Sections 341, 323, 504, 506 & 201 read with Section 34 of Indian Penal Code (IPC) at Police Station Baijnath, 2 2026:HHC:66 District Kangra, H.P. and consequential proceedings arising out of the said F.I.R. based on the compromise. 2. It has been asserted that the parties have entered into compromise after the registration of the F.I.R. and the complainant/victim does not to want to proceed with the matter after the compromise. Hence, the present petition. 3. Statements of informant/injured Dhani Ram and injured/victims Maya Devi and Mukesh Kumar were recorded on 09.07.2025 and 15.07.2025, respectively, in which they stated that they had entered into a compromise with the accused voluntarily without any influence from any person and they have no objection, in case the FIR lodged against the petitioners/accused is ordered to be quashed as per compromise. 4. The police have filed a status report reproducing the contents of the F.I.R. and the steps taken during course of the investigation. 5. I have heard learned counsel for the parties and have gone through the records carefully. 6. The offences punishable under Sections 341, 323, 504 & 506 of IPC are compoundable under Section 320 of the Cr.P.C. Section 3 2026:HHC:66 320 (3) of the Cr.P.C. provides that where the offences are compoundable and the accused are liable by virtue of Section 34 or 149 of IPC, the offences may be compounded, therefore, offences punishable under Sections 341, 323, 504 & 506 read with Section 34 of IPC can be compounded. This Court had already quashed the F.I.R. registered for the commission of an offence punishable under Section 201 of IPC in Pyar Chand @ Bittu & others vs. State of H.P. & anr 2022:HHC:9585 and Adarash Kumar & Ors. vs State of H.P & Ors. Cr.MMO No. 1046 of 2023, decided on 16th May, 2024, based on the compromise. These judgments are binding on this Court. 7. Therefore, in view of these precedents, the present petition is allowed and F.I.R. No. 24 of 2019, dated 03.02.2019, registered for the commission of offences punishable under Sections 341, 323, 504, 506 and 201 read with Section 34 of IPC Police Station Baijnath, District Kangra, H.P. is ordered to be quashed. Consequent upon the quashing of FIR, criminal proceedings pending/initiated against the petitioners-accused in pursuance thereto, are also ordered to be quashed. 8. Petition stands disposed of in the above terms, so also pending applications, if any. 4 2026:HHC:66 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. (Rakesh Kainthla) Judge 01st January, 2026. (ravinder)