High CourtsSingle Bench(2024) 02 SHI CK 0015

Naresh Kumar And Anr vs State Of H.P And Ors

High Court Of Himachal Pradesh · Decided on 26 February 2024

HON’BLE JUDGES
Rakesh Kainthla, J
RESULT
Disposed Of
CASE NUMBER
CR. MMO No.963 Of 2023

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Judgment

8 paragraphs · 356 words

Rakesh Kainthla, J

1.

The present petition has been filed under Section 482 of Cr.P.C. for quashing of F.I.R No. 89 of 2016, dated 15.10.2016, for the commission of offences punishable under Sections 451, 354, 504, 506 and 34 of IPC, registered at Police Station Haripur, District Kangra, H.P. and consequent proceedings arising out of the said F.I.R based on compromise effected between the parties.

2.

The statement of the complainant was recorded, in which she had stated that the matter was voluntarily compromised vide compromise deed (Annexure P-2), which bears her signatures. She does not want to proceed further with the F.I.R. and she has no objection, in case the FIR be quashed.

3.

I have heard learned counsel for the parties and gone through the record carefully.

4.

In the present case, the F.I.R. was lodged for the commission of offences punishable under Sections 451, 354, 504, 506 and 34 of IPC. All the offences except Section 354 of IPC are compoundable under Section 320 of Cr.P.C. This Court had quashed the F.I.R. under Section 354 of IPC in Vidya Devi vs State of Himachal Pradesh & others 2022 STPL 13724 HP, Chaman Lal vs State of H.P., Latest HLJ 2023 (HP)(1) 213, Ameen vs Stae of Himachal Pradesh & others, 2023(1) Him. L.R 375 and Rakesh Verma vs State of H.P. Latest HLJ 2022 (HP)(2) 952.

5 Therefore, in view of these precedents, the present petition is allowed and F.I.R No.89 of 2016, dated 15.10.2016, for the commission of offences punishable under Sections 451, 354, 504, 506 & 34 of IPC registered at Police Station Haripur, District Kangra, H.P. and consequent proceedings pending/initiated against the petitioner-accused in pursuance thereto, are also quashed.

6.

Petition stands disposed of in the above terms, so also pending miscellaneous applications, if any.

7.

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.