AI Structured Summary
Not yet generated for this judgment
Judgment
Rakesh Kainthla, Judge
The petitioners have filed the present petition for quashing of FIR No. 65 of 2021, dated 14.04.2021, registered for the commission of offences punishable under Sections 341, 323, 325, 504, 506, and 147 read with Section 149 of the Indian Penal Code (IPC) at Police Station Haroli, District Una, H.P. and the consequential proceedings arising out of it based on the compromise effected between the parties.
It has been asserted that the parties have settled the matter amongst themselves and the informant does not want to proceed further with the matter after the compromise. Hence, the petition.
The statements of the informant Mohit Kumar and victims Arun Kumar, Manish Kumar and Sahil Rana were recorded on 02.03.2026, in which they stated that they had entered into a compromise voluntarily without any influence from any person.
The statement of Kamla Devi was recorded by learned Judicial Magistrate First Class Court No. II, Una on 21.04.2026, in which she stated that she had entered into a compromise with the accused voluntarily without any influence from any person and she does not want to proceed further with the matter.
The statement of Varinder Kumar, one of the injured, was recorded before this Court on 29.07.2026, in which he stated that he had entered into a compromise with the accused voluntarily without any influence from any person and he had no objection to quashing the F.I.R. based on a compromise between the parties effected between the parties.
Heard.
The status report shows that the police had filed the charge sheet before the Court for the commission of offences punishable under Sections 341, 323, 325, 504, 506, 147 read with Section 149 of the IPC.
The offences punishable under Sections 341, 323, 325, 504, 506 of the IPC are compoundable under Section 320 of CrPC. Section 320(3) of the CrPC provides that when the offences are compoundable under Section 320 of the CrPC, and a person is liable by virtue of Section 149 of the IPC, the offences may be compounded. Hence, the offences punishable under Sections 341, 323, 325, 504, 506 read with Section 149 of IPC can be quashed based on a compromise effected between the parties
This Court has quashed the F.I.R. registered for the commission of offences punishable under Sections 147 of IPC in Sivo Devi vs others vs State of HP 2023 (2), Shimla Law Cases 949, in 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. These judgments are binding on this Court.
Therefore, in view of these precedents, the present petition is allowed and F.I.R. 65 of 2021, dated 14.04.2021, registered for the commission of offences punishable under Sections 341, 323, 325, 504, 506 and 147 read with Section 149 of IPC, registered at Police Station Haroli, District Una, H.P. and consequential proceedings arising out of F.I.R. are 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.