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Judgment
Rakesh Kainthla, J
The present petition has been filed for quashing of FIR No. 87 of 2021, dated 08.10.2021 registered for the commission of offences punishable under Sections 451, 323, 504 read with Section 34 of Indian Penal Code (IPC) (Section 201 of IPC incorporated at the stage of filing of charge-sheet under Section 173 of Cr.P.C.) at Police Station Lambagaon, District Kangra, H.P. and consequent proceedings arising out of the F.I.R. based on the compromise.
It has been asserted that the parties have entered into a compromise at the instance of respectable members of the society. They do not want to proceed further with the matter in order to maintain cordial relationship with each other in view of the compromise. Hence, the present petition.
Statement of informant-Saroj was recorded on 22.09.2025 in which she stated that she had entered into a compromise voluntarily without any influence from any person and she has no objection, in case he FIR lodged against the petitioners/accused is ordered to be quashed.
I have heard the learned counsel for the parties and have gone through the rec rds carefully.
The offences punishable under Sections 451, 323 and 504 of IPC read with Section 34 of IPC are compoundable under Section 320 of Code of Criminal Procedure (Cr.P.C.). Section 320 (3) of Cr.P.C. provides that where an offence is compoundable under this Section and where the accused is liable under Section 34 or 149 of IPC, the offence may be
The copy of the charge-Sheet shows that police had subsequently added Section 201 of IPC after completion. This Court has already quashed the F.I.R. registered for the commission of offence punishable under Section 201 of IPC inter alia 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, which judgments are binding upon this Court.
7 Consequently, the present petition is allowed and FIR No.87 of 2021 dated 08.10.2021, registered for the commission ooffences punishable under Sections 451, 323, 504 read with Section 34 of IPC and Section 201 of IPC incorp rated at the stage of filing the charge-sheet under Section 173 of Cr.P.C. at Police Station Lambagaon, District Kangra, H.P. is quashed and the consequent proceedings pending/initiated against the petitioners-accused in pursuance thereto are also quashed.
8 Petition stands disposed of in the above terms, so also pending miscellaneous 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 Website of the High Court.
