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2025 Supreme(HP) 318

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Sajjan Singh – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sahil Thakur
For the Respondents: Tejasvi Sharma, H.S. Rawat, Sudhanshu Shukla

JUDGMENT :

Virender Singh, J.

1. Petitioners have filed the present petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), for quashing of FIR No.42/2023, dated 13.02.2023 (hereinafter referred to asthe FIR, in question), registered with Police Station Haroli, District Una, H.P. under Sections 379, 411 and 120B of the Indian Penal Code (hereinafter referred to as the ‘IPC’), as well as, the proceedings resultant thereto, which are stated to be pending before the Court of learned Chief Judicial Magistrate, Una, H.P. (hereinafter referred to as the ‘trial Court’).

2. The relief of quashing has been sought on the basis of the compromise, effected between the petitioners and respondents No.2 (complainant) and 3.

3. According to the petitioners, they have been implicated in the FIR in question, on the basis of the statement, made by the complainant, wherein, they have levelled the allegations of theft against the petitioners.

4. It is the case of the petitioners that after registration of the FIR, in question, police had conducted the investigation and submitted the charge-sheet, which is pending adjudication, before the learned trial

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