High CourtsSingle Bench(2024) 01 SHI CK 0043

Rakesh Kumar vs State Of Himachal Pradesh & Ors

High Court Of Himachal Pradesh · Decided on 8 January 2024

HON’BLE JUDGES
Rakesh Kainthla, J
RESULT
Allowed
CASE NUMBER
CR.MMO No. 914 Of 2023

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Judgment

6 paragraphs · 241 words

Rakesh Kainthla, J

1.The present petition has been filed for quashing of FIR No.24/2012, dated 05.04.2012, registered at Police Station Arki, District Solan for the commission of offences punishable under Sections 451 and 354 of IPC and consequent proceedings pending before learned Judicial Magistrate, First Class, Arki in view of the compromise.

2.

The informant victim appeared before the Court and made a statement that she had entered into a compromise voluntarily without any influence from any person. She did not want to proceed with the FIR lodged by her and the same be quashed.

3.

This Court had allowed the petitions for quashing the FIR registered for the commission of offences punishable under Section 354 of IPC in Sahab Singh and others versus State of H.P and another2021(3) Him.L.R. 1859, Sanjiv Kumar vs. State of H.P and anr.Latest HLJ 2020(1) (HP) 341, Rakesh Verma versus State of H.P., Latest HLJ 2022 (HP)(2) 952 and Chaman Lal vs. State of H.P., 2023 2023 (1) Shim. LC 89.

4.

Section 451 of IPC is otherwise compoundable under Section 320 of Cr.P.C., hence there is no impediment in permitting the party to compromise the said offence.

5.

Since, this Court had already quashed the proceedings under Section 354 of IPC based on the compromise, thus in view of these precedents, the present petition is allowed and FIR No.24/2012 dated 05.04.2012 and consequent proceeding arising out of the same is ordered to be quashed.