IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Rakesh Kainthla, J
Bhoovaneshwar Verma – Appellant
Versus
State of H.P. – Respondent
Cr. MMO No. 500 of 2025
| Table of Content |
|---|
| 1. validity of compromise on criminal proceedings. (Para 1 , 2 , 3) |
| 2. court's duty to consider legal arguments. (Para 4) |
| 3. precedents for quashing based on compromise. (Para 5 , 6) |
| 4. orders related to authorities and document verification. (Para 7 , 8) |
Rakesh Kainthla, Judge The petitioner has filed the present petition for quashing of FIR No. 188 of 2024, dated 19.10.2024, registered at Police Station Dhalli, District Shimla, H.P. for the commission of offences punishable under Sections 281 and 125(a) of Bharatiya Nyaya Sanhita , 2023 ( BNS ) and consequential proceedings i.e. Police Challan No. 4 of 2025, titled State of H.P. Vs. Bhooneshwar Verma, pending before learned Judicial Magistrate First Class, Court No.6, Shimla, arising out of the said F.I.R. based on the compromise effected between the parties.
2. It has been asserted that the petitioner and informant have amicably settled the matter. They want to maintain cordial relations with each other. Hence, the petition.
3. Statement of inforrmant/injured Dharam Pal was recorded on 16.6.2025, in which he stated that he had entered into a compromise with the accused voluntarily without any influence from any person, and he did not want to proceed further with the matter because of the compromise.
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, and Section 125 (a) of BNS corresponds to Section 337 of IPC. 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. Shim Law Cases 45 based on compromise. These judgments are binding on this Court.
6. Therefore, in view of the precedents, the present petition is allowed and the FIR No. 188 of 2024, dated 19.10.2024, registered at Police Station Dhalli, District Shimla, H.P. for the commission of offenced punishable under Sections 281 and 125(a) of BNS and consequential proceedings i.e. Police Challan No. 4 of 2025, titled State of H.P. Vs. Bhooneshwar Verma, pending before learned Judicial Magistrate First Class, Court No.6, Shimla, 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 the Website of the High Court. (Rakesh Kainthla)
Judge
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