Abhishek v. State of HP

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MMO No. 838 of 2026 Reserved on: 28.9.2026 Date of Decision: 05.10.2026. Abhishek Saini …. Petitioner Versus State of HP & ors. …. Respondents Coram Hon'ble Mr Justice Rakesh Kainthla, Judge. Whether approved for reporting?1 No. For the Petitioner : Mr Mahesh Thakur, Advocate. For Respondents No.1 to 3/State: Mr Ajit Sharma, Deputy

Advocate General. For Respondents No.4 and 5 : Mr Panku Chaudhary,

Advocate. Rakesh Kainthla, Judge The petitioner has filed the present petition for quashing of FIR No. 354 of 2025, dated 28.12.2025, registered at Police Station Sadar Hamirpur, District Hamirpur, H.P., for the commission of offences punishable under Sections 281 and Whether reporters of Local Papers may be allowed to see the judgment? Yes. 125(a) of Bharatiya Nyaya Sanhita, 2023 (BNS) and consequential proceedings arising out of the said FIR based on the compromise effected between the parties.

¶2It has been asserted that the parties have compromised the matter to maintain cordial relations. The informant and victim do not want to proceed further with the matter after the compromise, and the continuation of the proceedings would not serve any fruitful purpose. Hence, the petition.

¶3The statements of the informant, Praveen Kumar, and father of the victim, Nandini, were recorded on 17.08.2026, wherein they stated that they have entered into a compromise with the petitioner voluntarily, without any threat, coercion, or undue influence from any person, and that they do not want to proceed further with the matter in view of the compromise.

¶4I have heard learned counsel for the parties and have gone through the records carefully.

¶5The offences punishable under Sections 281 and 125

(a) of BNS correspond to Sections 279 and 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 HLJ 531, Vikas Huda vs. State of H.P. 2023 STPL 3009, Kulvinder Singh vs Ankush Kumar 2023 HLR 384 and Nishant vs. State 2022 Suppl. Shim Law Cases 45, based on compromise between the parties. These judgments are binding on this Court.

¶6In view of these binding precedents, the present petition is allowed, and the FIR No. 354 of 2025, dated

28.12.2025, registered at Police Station Sadar Hamirpur, District Hamirpur, H.P., for the commission of offences punishable under Sections 281 and 125(a) of BNS is ordered to be quashed. Consequent upon the quashing of the FIR, criminal proceedings pending/initiated against the petitioner-accused in pursuance thereto are also ordered to be quashed.

¶7Petition stands disposed of in the above terms, so also pending miscellaneous applications, if any.

¶8Parties 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 5th October, 2026 (Chander)