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2023 Supreme(HP) 483

RAKESH KAINTHLA
Chetan – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates Appeared:
For the Petitioners: Mr. Ravinder Singh Chandel.
For the Respondents:Mr. Prashant Sen, Deputy Advocate General, Ms. Pooja Thakur.

JUDGMENT :

Rakesh Kainthla, J.

The petitioner has filed the present petition for quashing of FIR No. 137/2023, dated 26.7.2023 for the commission of offences punishable under Sections 341, 504, 307, 323, and 325 read with Section 34 of IPC. The matter was compromised between the parties. The victim Vivek Singh Thakur made a statement that he has settled the matter with the petitioners voluntarily and he has no objection in case the FIR is ordered to be quashed because of the compromise entered between the parties.

2. Mr. Prashant Sen, learned Deputy Advocate General for the respondent no. 1-State submitted that the offence punishable under Section 307 of IPC was involved and the FIR should not be quashed based on compromise.

3. I have given considerable thought to the submissions at the bar and have gone through the records carefully.

4. It was laid by the Hon’ble Supreme Court in Narinder Singh v. State of Punjab, (2014) 6 SCC 466 that the Court can quash the FIR/criminal proceedings based on the settlement to secure the ends of justice or to prevent the abuse of the process of the Court. Such power is not to be exercised in heinous offences like murder, dacoity, rape etc. which have a

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