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2025 Supreme(Online)(HP) 4683

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Rakesh Kainthla, J
Jatin & ors. – Appellant
Versus
State of H.P. and another – Respondent
Cr. MMO No. 329 of 2025



Advocates:
For the Appellants/Petitioners: Mr. Rajesh Kumar
For the Respondents: Mr. Ajit Sharma, Mr. Vivek Sharma

Compounding of offences under IPC sections 323 and 341 is permitted when parties reach a compromise.

Headnote:The petitioners filed for the quashing of FIR No. 84 of 2021 under sections 323, 341, 147, and 149 IPC, following a compromise between the parties wherein the victim did not wish to continue proceedings. The court noted that offences under sections 323 and 341 IPC are compoundable under Section 320 of Cr.P.C. and referenced previous cases where FIRs were quashed following similar compromises. Thus, the court allowed the petition, quashing the FIR and consequential proceedings.

Table of Content
1. petition filed to quash fir based on compromise. (Para 3)

Jatin & ors. ...Petitioners Versus State of H.P. and another ..Respondents Coram Hon’ble Mr Justice Rakesh Kainthla, Judge.

Whether approved for reporting?1 No.

For the Petitioners : Mr. Rajesh Kumar, Advocate.

For Respondent No.1/State : Mr. Ajit Sharma, Deputy Advocate General.

For Respondent No.2 : Mr. Vivek Sharma, Advocate.

Rakesh Kainthla, Judge The petitioners have filed the present petition for quashing FIR No. 84 of 2021 dated 11.12.2021, registered for the commission of offences punishable under Sections 323, 341, 147 and 149 the Indian Penal Code (IPC), at Police Station, Pachhad, District Sirmour, H.P. and consequential proceedings arising out of the FIR.

1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.

2. It is asserted that the matter has been compromised between the parties with the intervention of respectable people of the area. The informant/victim does not want .to proceed further with the matter after the compromise. The continuation of the proceedings would lead to the wastage of time of the Court, and no fruitful purpose would be served by the continuation of the proceedings; therefore, it was prayed that the present petition be allorwed and the FIR and consequent proceedings be quashed.

3. The statement of the informant/victim and injured were recorded on 13.5.2025, in which they stated they he had sustaine d injuries in the incident. They had entered into a compromise (Annexure P-2) with the petitioners. They do not want to proceed further with the matter because of the H compromise having been effected between the parties.

4. Heard.

5. The offences punishable under Sections 323 and 341 of IPC are compoundable under Section 320 of Cr.PC. Section 320 (3) of Cr.P.C. provides that when the other offences are compoundable, the offence punishable under Section 149 of IPC may be compounded. This Court had already quashed the F.I.R.

registered for the commission of an offence punishable under Section 147 of IPC, inter alia, 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 thirs Court.

6. Therefore, in view of the above, the present petition is allowed and the FIR No. 84 of 2021, dated 11.12.2021, registered for the commission of offences punishable under Sections 323, 341, 147 and 149 of the Indian Penal Code (IPC), at Police Station, Pachhad, District Sirmour, H.P. and consequential proceedings arising out of the aforesaid FIR 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.

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