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2025 Supreme(Online)(HP) 6896

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Rakesh Kainthla, J
Suresh Bekta – Appellant
Versus
State of H.P. – Respondent
Cr. MMO No. 601 of 2025



Advocates:
For the Appellants/Petitioners: Mr. Jeevesh Sharma
For the Respondents: Mr. Ajit Sharma, Mr. Abhinav Thakur

The court allowed the quashing of FIR based on voluntary compromise between parties, adhering to established precedents.

Headnote:The petitioner seeks the quashing of FIR No. 37 of 2025, registered under Sections 281 and 125(a) of BNS, asserting that a voluntary compromise occurred post-FIR registration. The victim's statements affirm the intention to cease proceedings. Based on precedents, this Court quashes the FIR as per compromises in similar cases. The final ruling calls for disposal of the petition and allows for transmission of the judgment to relevant authorities.

Versus State of H.P. & Ors. ...Respondents Coram Hon’ble Mr Justice Rakesh Kainthla, Judge.

Whether approved for reporting? No.

For the petitioner : Mr. Jeevesh Sharma, Advocate.

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

For respondents No.2 Mr. Abhinav Thakur, Advocate.

and 3 Rakesh Kainthla, Judge H The petitioner has filed the present petition for quashing of FIR No. 37 of 2025, dated 26.05.2025, registered at Police Station Kotkhai, Tehsil Kotkhai, District Shimla, H.P., for the commission of offences punishable under Sections 281 and 125(a) of Bharatiya Nyaya Sanhita, 2023 ( BNS ) as per the compromise effected between the parties.

2. It has been asserted that the petitioner and the victim have entered into a compromise voluntarily without any influence or coercion from any person after the registration of the FIR. The victim does not want to proceed further with the matter because of the compromise effected between the parties. Hence, the petition.

3. Statements of informant Bhagat Bahadur and the victim’s guardian Amar Bhadur Gosai were recorded on 15.07.2025, in which they stated that they had entered into a compromise with the accused voluntarily without any influence from any person, and they 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 these precedents, the present petition is allowed and the FIR No. 37 of 2025, dated 26.05.2025, registered at Police Station Kotkhai, Tehsil Kotkhai, District Shimla, H.P., for the commission of offences punishable under Sections 281 and 125(a) of BNS and the consequential proceedings arising out of the said 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 the Website of the High Court. (Rakesh Kainthla)

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