Gaurav Goel And Anr vs State Of H.P. & Anr
2025 Latest Caselaw 478 HP

Himachal Pradesh High Court

Gaurav Goel And Anr vs State Of H.P. & Anr on 6 May, 2025

( 2025:HHC:12654 )

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Cr. MMO No. 1269 of 2024 Reserved on: 28.04.2025.

Date of Decision: 06.05.2025

Gaurav Goel and Anr. ...Petitioners Versus State of H.P. & Anr. ...Respondents

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

For the petitioners : Mr. Servedaman Rathore, Advocate.

For the respondents : Mr. Prashant Sen, Deputy Advocate General for respondent No.1/State. Mr. Sarthak Upadhyay, Advocate, vice Ms. Hem Kanta Kaushal, Advocate, for respondent No.2.

Rakesh Kainthla, Judge The present petition has been filed under Section

528 of Bhartiya Nagarik Suraksha Sanhita (BNSS) for

quashing of F.I.R. No. 473 of 2012, dated 12.12.2012,

registered for the commission of offences punishable under

Sections 498-A, and 406 read with Section 34 of Indian

Penal Code (IPC), at Police Station Paonta Sahib, H.P. and ( 2025:HHC:12654 )

consequent proceedings arising out of the said F.I.R. based

on compromise effected between the parties.

2. It has been asserted that the informant was

married to petitioner No.1. The parties have settled the

matter and decided to end the litigation. Hence, the present

petition.

3. The statement of the informant/victim was

recorded on 21.03.2025, in which she stated that she had

settled the matter with her husband. A petition for mutual

divorce was filed in which the parties had agreed to part their

ways. They do not want to proceed further with the matters

filed against each other.

4. I have heard learned counsel for the parties and

have gone through the records carefully.

5. The FIR was registered for the commission of

offences punishable under Sections 498-A, 406/34 of the

IPC at Police Station Paonta Sahib, H.P. The offence

punishable under Section 406 of IPC is compoundable under

Section 320 of CrPC. It was laid down in Gian Singh versus

State, 2012 (10) SCC 303, Narender versus State of Punjab, 2014 ( 2025:HHC:12654 )

(16) SCC 466, Vikas Singh vs. State of H.P. (2023) I DMC 335

(HP) and Sanjay Kumar vs. State of H.P 2023 (1) Him L.R. 602

that the offence punishable under Section 498-A can be

quashed in exercise of the inherent powers of the High Court

after the compromise. These judgments are binding on this

Court.

6. In view of these precedents, the present petition

is allowed and the F.I.R. No. 473 of 2012, dated 12.12.2012,

registered for the commission of offences punishable under

Sections 498-A, 406, read with Section 34 of the IPC, at

Police Station Paonta Sahib, H.P., is quashed. Consequent

upon the quashing of the FIR, criminal proceedings

pending/initiated against the petitioners-accused in

pursuance thereto are also 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 ( 2025:HHC:12654 )

certified copy but if required, may verify passing of the order

from Website of the High Court.

(Rakesh Kainthla) Judge

06th May, 2025 (Shamsh Tabrez)