Rajesh Kumar vs State Of H.P And Ors
2024 Latest Caselaw 10623 HP

Himachal Pradesh High Court

Rajesh Kumar vs State Of H.P And Ors on 30 July, 2024

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Cr.MMO No. 506 of 2024 Reserved on: 16.07.2024

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                                  Date of Decision: 30th July, 2024


Rajesh Kumar                                                   ....Petitioner





                                      Versus
State of H.P and ors.
                                                               ....Respondents





Coram

Hon'ble Mr Justice Rakesh Kainthla, Judge. Whether approved for reporting? No

For the Petitioner : Mr. Mohar Singh, Advocate.

For Respondent No.1 : Ms. Ayushi Negi, Deputy Advocate General.

For Respondent No.2 : Mr. Anil Kapoor, Advocate.

Rakesh Kainthla, Judge

The petitioner has filed the present petition for quashing of

FIR No.80/2020, dated 12.07.2020, registered for the commission of

offences punishable under Sections 354D, 292, 294, 504, 506 and 509 of

the Indian Penal Code (in short 'IPC') in Police Station Jhakri, District

Shimla and consequent proceedings arising out of the same. It has been

asserted that the parties have entered into a compromise between

themselves; hence, the FIR be quashed based on the compromise.

2. The statement of the victim was recorded on 20.06.2024, in

which she stated that she has married the accused and both of them are

.

happily residing with each other for the last four years. In view of the

marriage, she does not want to proceed further with the F.I.R. and she

has no objection, in case the FIR be quashed.

3. I have heard learned counsel for the parties and gone through

the record carefully.

4. In the present case, the F.I.R. was lodged for the commission

of offences punishable under Sections 354D, 292, 294, 504, 506 and 509

of IPC. The parties have married each other. This Court had quashed the

F.I.R. under Section 354 of IPC in Vidya Devi vs State of Himachal Pradesh

& others 2022 STPL 13724 HP, Chaman Lal vs State of H.P., Latest HLJ 2023

(HP)(1) 213, Ameen vs Stae of Himachal Pradesh & others, 2023(1) Him. L.R

375 and Rakesh Verma vs State of H.P. Latest HLJ 2022 (HP)(2) 952 based

on the compromise between the parties.

5 Therefore, in view of these precedents, the present petition

is allowed and FIR No.80/2020 dated 12.07.2020, registered for the

commission of offences punishable under Sections 354D, 292, 294, 504,

506 and 509 of the Indian Penal Code (in short 'IPC') in Police Station

Jhakri, District Shimla and consequent proceedings pending/initiated

against the petitioner-accused in pursuance thereto, are also quashed.

6. Petition stands disposed of in the above terms, so also

pending miscellaneous applications, if any.

.

7. 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

30th July, 2024.

(saurav pathania)