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2025 Supreme(Online)(HP) 4209

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Rakesh Kainthla, J
Nikita Sharma – Appellant
Versus
State of H.P. – Respondent
Cr.MMO No. 193 of 2025



Advocates:
For the Appellants/Petitioners: Mr. Jeet Singh
For the Respondents: Mr. Lokender Kutlehria, Ms.Pooja Verma

The court emphasized the compoundability of offences and the binding nature of precedent in quashing FIRs based on compromise.

Headnote:This case involves the quashing of an F.I.R. under Sections 281, 125(A), and 125

(B) of the Bharatiya Nyaya Sanhita and relevant sections of the Motor Vehicles Act due to voluntary compromise. The Court found that the offences are compoundable and cited precedents where similar FIRs were quashed, affirming the binding nature of these judgments. The order was issued to quash the FIR and related proceedings, thus effectively allowing the petition, disposing of all applications.

Table of Content
1. facts regarding the petition and compromise. (Para 1 , 2 , 3 , 4)
2. court outlines prior judgments and rationale. (Para 5 , 6)
3. final order and directives issued by the court. (Para 7 , 8 , 9)

Nikita Sharma ....Petitioner Versus State of H.P. & others ....Respondents Coram Hon’ble Mr. Justice Rakesh Kainthla, Judge.

Whether approved for reporting? No.

For the petitioner : Mr. Jeet Singh, Advocate.

For respondents : Mr. Lokender Kutlehria, Additional Advocate General for respondent No.1/State :

Ms.Pooja Verma, Advocate, for respondents No.2 and 3.

Rakesh Kainthla,Judge The petitioner has filed the present petition has been filed for quashing of F.I.R. No. 115 of 2024, dated 04.12.2024, registered for the commission of offences punishable under Sections 281 , 125(A) and 125(B) of Bharatiya Nyaya Sanhita ( BNS ) 2023 and Sections 180 , 181, and 184 of Motor Vehicles Act (MV Act) at Police Station Kandaghat, District Solan, H.P.

2. It has been asserted that the matter has been compromised between the parties voluntarily. No fruitful purpose would be served by continuation of the proceedings. Hence, it was praye.d that the present petition be allowed and the F.I.R.as well as consequential proceedings arising out of the said F.I.R. be quashed.

3. Statements of informant and injured were recorded on 30.04.2025, in which they have stated that the matter had been compromised between the parties voluntarily without any influence from any person and they have no objection, in case the FIR lodged against the petitioner/accused is ordered to be quashed.

4. The police has filed a status report reproducing the contents of the F.I.R. and the steps taken during the investigation.

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

6. The offences punishable under Sections 125A and Section 125B of the BNS are compoundable under Section 359 of BNS . Offence punishable under Section 281 of BNS corresponds to Section 337 of Indian Penal Code (IPC).This Court had already quashed the F.I.R. registered for the commission of offences punishable under Sections 279 of IPC and Sections 180 , 181 and 184 of M.V.Act in Sushant vs State of H.P. 2023 HLC 531, Vikas Huda vs. State of H.P. 2023 STPL 3009, Kulwidner Singh vs Ankush Kumar 2023 HLR 384 and Nishant vs. State 2022 Suppl. Law Cases 45 and others based on the compromise. These judgments are binding on this Court.

7. Therefore, in view of these precedents, the present petition is allowed and F.I.R. No. 115 of 2024, dated 04.12.2024, registered for the commission of offences punishable under Sections 281 , 125(A) and 125(B) of BNS and Sections 180 , 181a nd 184 of M.V.Act at Police Station Kandaghat, District Solarn, H.P. is ordered to be quashed. Consequent upon the quashing of FIR, criminal proceedings pending/initiated against the petitioner-accused in pursuance thereto, are also ordered to be quashed.

8. Pe tition stands disposed of in the above terms, so also pending applications, if any.

9. Parties are permitted to produce a copy of this judgment, Hdownloaded 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.

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