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2024 Supreme(Online)(HP) 7069

HIGH COURT OF HIMACHAL PRADESH
HON'BLE MR. JUSTICE RAKESH KAINTHLA
PRAVESH SHARMA AND OTHERS – Appellant
Versus
STATE OF HP AND ANOTHER – Respondent
CRMMO/697/2024



Petitioner Advocates:Rocky Rocky Sohail Khan ,Respondent Advocate: AG Tek Chand AG

The court quashed an FIR based on a compromise between parties, affirming the principle of compoundable offences under IPC.

Headnote:(A) Quashing of FIR: The court quashed FIR No. 177 of 2023 based on a compromise between the parties, as the offences were compoundable under Section 320 of Cr.P.C. (Paragraphs 5-6). (B) Binding Precedents: The court relied on previous judgments that allowed quashing of similar FIRs based on compromise, establishing a binding precedent for the current case (Paragraph 5). Facts of the case: The petitioners, students, sought to quash an FIR for offences under IPC, asserting a compromise with the informant. Findings of Court: The court found that the offences were compoundable and previous judgments supported the quashing of the FIR. Result: The petition was allowed, and the FIR was quashed.

Rakesh Kainthla, Judge The present petition has been filed under Section 482 of Cr.P.C. for quashing of F.I.R. No. 177 of 2023, dated 21.11.2023, for the commission of offences punishable under Sections 147, 148, 149, 506, 341 and 323 of IPC, registered at Police Station Sadar, District Shimla, H.P. and consequent proceedings arising out of the said F.I.R.

based on compromise effected between the parties.

2. It has been asserted that the informant and the accused are students and they are pursuing their degree course. The matter has been compromised between the parties and they want to continue their studies.

3. The statement of the informant/victim was recorded on 29.7.2024, in which he stated that he had voluntarily compromised the matter with the accused and that the compromise deed (Annexure P-2) bore his signatures. He had sustained injuries and he did not want to proceed further with the matter because of compromise.

4. I have heard the learned counsel for the parties and have gone through the records carefully.

5. T he offences punishable under Sections 341, 323 and 506 of IPC are compoundable under Section 320 of Cr.P.C. Section 320 (3) of Cr.P.C. provides that where the accused is liable under Sections 34 and 149 of IPC and other offences are compoundable, the offence punishable under Section 149 of IPC may also be compounded. This Court had quashed the F.I.R. registered for the commission of offences punishable under Sections 147 and 148 of IPC, inter alias in Sivo Devi vs others vs State of HP 2023 (2), Shimla Law Cases 949, Umesh Kumar vs State Kumar HP 2022 STPL 10721, Satish Kumar State of H.P. 2022 STPL 10703, Inderjeet vs State of H.P. 2022(2) Himachal Law Reporter 1217 and Subhash Verma vs State of H.P. 2021 (3) Shimla Law Cases 1146 based on the compromise effected between the parties. These judgments are binding on this Court.

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