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2025 Supreme(HP) 947

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


Advocates Appeared:
For the Petitioner:Petitioner in person with Mr. Arush Matlotia, Advocate.
For the Respondents:Mr. H.S. Rawat and Mr. Mohinder Zharaick, Additional Advocate General with Ms. Ranjna Patial, Deputy Advocate General, Resp. No.2 in person with Mr. Devender K. Sharma, Advocate.

JUDGMENT :

(Virender Singh, J.)

Petitioner-Rajesh Guleria has filed the present petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), seeking the relief of quashing of FIR No.65/2023, dated 26.04.2023 (hereinafter referred to as the FIR, in issue), registered with Police Station Jawali, District Kangra, H.P., under Sections 376, 506 and 201 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 Additional Sessions Judge, Nurpur, District Kangra, H.P. (hereinafter referred to as the ‘trial Court’).

2. According to the applicant, the abovementioned case has been registered at the instance of respondent No.2, in which, the police registered the FIR in issue and thereafter, conducted the investigation and submitted the charge-sheet, which is pending adjudication, before the Court of learned trial Court.

3. The relief of quashing has been sought on the ground that the matter has now been settled, between the parties and now, as per the settlement, respondent No.2 does not want to proceed further with the case.

4. On the

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