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Judgment
Rakesh Kainthla, J
The petitioners have filed the present petition for quashing of FIR No. 67 of 2024, dated 20.4.2024, registered for the commission of offences punishable under Sections 323, 147, 149, 427 and 506 of the Indian Penal Code (IPC), at Police Station, Shimla West District Shimla, H.P. and consequent proceedings pending before the learned Judicial Magistrate First Class, Court No.4, Shimla, based on the compromise effected between the parties.
It has been asserted that the matter has been compromised between the parties with the assistance of the elder members of the family. The informant and the injured do not want to proceed further with the matter after the compromise. Hence, the petition.
The statements of the informant, Rajat Singh Sidhu and the injured Divansh Sidhu were recorded on 17.6.2025, in which they stated that the matter has been compromised between the parties voluntarily without any influence from any person, and they did not want to proceed further with the matter after the compromise.
The offences punishable under Sections 323, 427 and 506 of IPC are compoundable under Section 320 of Cr.P.C. Section 320(3) of Cr.P.C. provides that where the other offences are compoundable and a person is liable by virtue of Section 34 or 149 of IPC, the matter may be compounded. Hence, the offences punishable under Sections 323, 427 and 506 read with Section 149 of IPC can be compounded under Section 320(3) of Cr.P.C. This Court had already quashed the F.I.R. registered for the commission of an offence punishable under Section 147 of IPC inter alia 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.
Therefore, in view of these precedents, the present petition is allowed and the FIR No. 67 of 2024, dated 20.4.2024, registered for the commission of offences punishable under Sections 323, 147, 149, 427 and 506 of the Indian Penal Code (IPC), at Police Station, Shimla West District, Shimla, H.P., is quashed. Consequent upon the quashing of the FIR, criminal proceedings pending/initiated against the petitioners-accused in pursuance thereto are also quashed.
Petition stands disposed of in the above terms, so also pending applications, if any.
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 the website of the High Court.