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2025 Supreme(Online)(HP) 4509

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Rakesh Kainthla, J
Rajdeep Pathania – Appellant
Versus
State of H.P. – Respondent
Cr. MMO No. 379 of 2025



Advocates:
For the Appellants/Petitioners: M/s Anirudh Thakur, Rahul Lakhanpal
For the Respondents: Mr. Ajit Sharma, Mr. Sambhav Bhaseen

A compromise between parties can lead to quashing of FIRs under similar offenses as established by prior judgments.

Headnote:The petitioner sought to quash FIR No. 131 of 2024 under Section 281 of the Bharatiya Nyaya Sanhita, 2023, citing a voluntary compromise between the parties. The court noted the statements of the informant and the injured's guardian affirming the compromise. The court, referencing prior judgments, allowed the petition and quashed the FIR.

Result: The FIR and consequential proceedings are quashed.

Table of Content
1. petitioner seeks to quash fir based on compromise. (Para 1 , 2 , 3)
2. court discusses prior judgments allowing fir quashing. (Para 4 , 5)
3. court quashes fir and disposes of the petition. (Para 6 , 7 , 8)

Rakesh Kainthla, Judge The petitioner has filed the present petition for quashing of FIR No. 131 of 2024, dated 14.12.2024, registered at Police Station Badsar, District Hamirpur, H.P. for the commission of an offence punishable under Section 281 of Bharatiya Nyaya Sanhita, 2023 ( BNS ) and consequential proceedings arising out of the F.I.R. based on the compromise effected between the parties.

2. It is asserted that the parties have voluntarily entered into a compromise after the registration of the FIR; therefore, it is prayed that the present petition be allowed and the FIR be ordered to be quashed. Hence, the petition.

3. Statements of informant Anshika Kumari and legal guardian of injured Shivanshi Sharma namely Kewal Krishan were recorded on 30.5.2025, in which they stated that the matter was compromised between the parties voluntarily without any influence from any person and they have no objection in case the FIR is ordered to be quashed based on the compromise effected between the parties.

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

5. The offence punishable under Section 281 of BNS corresponds to Section 279 of the Indian Penal Code. This Court has already quashed the F.I.R. registered for the commission of offences punishable under Sections 279 and 337 of IPC 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 based on compromise. These judgments are binding on this Court.

6. Therefore, in view of these precedents, the present petition is allowed and the FIR No. 131 of 2024, dated 14.12.2024, registered at Police Station Barsar, District Hamirpur, H.P. for the commission of an offence punishable under Section 281 of BNS and consequent proceedings arising out of the said F.I.R. are quashed.

7. Petition stands disposed of in the above terms, so also pending applications, if any.

8. Parties are permitted to produce a copy of this judgment, downloaded 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.

(Rakesh Kainthla)

Judge

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