Himachal Pradesh High Court
Rajesh Thakur vs State Of H.P. & Ors on 6 May, 2025
( 2025:HHC:12647 )
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr. MMO No. 01 of 2025.
Reserved on: 28.04.2025.
Date of Decision: 06.05.2025
Rajesh Thakur ...Petitioner
Versus
State of H.P. & Ors. ...Respondents
Coram
Hon'ble Mr Justice Rakesh Kainthla, Judge.
Whether approved for reporting? No.
For the petitioner : Mr. Sanjay Jaswal, Advocate.
For the respondents : Mr. Ajit Sharma, Deputy Advocate
General for respondent No.1/State.
Ms. Shivangi, Advocate, for
respondents Nos . 2 & 3.
Rakesh Kainthla, Judge
The present petition has been filed under Section 528
of the Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS), for
quashing of F.I.R. No. 93 of 2018, dated 23.04.2018, registered for
the commission of offences punishable under Sections 366 &
506 of Indian Penal Code (IPC) at Police Station Kangra, District
Kangra, H.P. and consequent proceedings arising out of the said
F.I.R. based on compromise effected between the parties.
( 2025:HHC:12647 )
2. It has been asserted that the parties have entered into
a compromise with the intervention of the respectable people of
the society. Hence, the petition.
3. The statements of the complainant and the victim
were recorded on 04.04.2025, in which they stated that they had
entered into a compromise voluntarily, and they have no
objection if the FIR is ordered to be quashed based on the
compromise between the parties.
4. Status report has also been filed, reproducing the
contents of the FIR and the steps taken by the police during the
investigation.
5. I have heard learned counsel for the parties and have
gone through the records carefully.
6. The FIR was lodged with the allegation that the
victim, who was a major and an Advocate, was found missing.
She was subsequently found and disclosed that the accused had
not done anything to her. It was laid down by this Court in
Swaroop v. State of H.P. & Anr [2016(sup) Him. L.R. 2615]
that a major girl is free to marry anyone she likes or live with
( 2025:HHC:12647 )
anyone she likes, and the FIR registered for the commission of
an offence punishable under Section 366 of IPC was quashed.
7. Similarly, the FIR was quashed for the commission of
offences punishable under Sections 366 & 506 of the IPC in
Kuldeep Vs. State of H.P. & Anr [Latest HLJ 2018(2) (HP) 1481].
These judgments are binding on this Court.
8. In view of these precedents, the present petition is
allowed and FIR No. 93 of 2018, dated 23.04.2018, registered for
the commission of offences punishable under Sections 366 &
506 of IPC, at Police Station Kangra, District Kangra, H.P., is
quashed. Consequent upon the quashing of the FIR, criminal
proceedings pending/initiated against the petitioner-accused in
pursuance thereto are also quashed.
9. Petition stands disposed of in the above terms, so
also pending applications, if any.
10. 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
( 2025:HHC:12647 )
but if required, may verify passing of the order from Website of
the High Court.
(Rakesh Kainthla)
Judge
06th May, 2025
(Shamsh Tabrez)
