Surinder Singh And Another vs State Of HP And Another

Rakesh Kainthla, J

The petitioners have filed the present petition for quashing of FIR No. 35 of 2018, dated 10.3.2018, registered at Police Station Sadar, District Shimla, H.P., for the commission of offences punishable under Sections 279, 323, 325, 356, 504, and 506 read with Section 34 of the Indian Penal Code (IPC) and Sections 185 and 187 of the Motor Vehicles Act (MV Act) and consequential proceedings arising out of the said FIR based on the compromise effected between the parties.

It has been asserted that the matter has been compromised between the parties with the intervention of the respectable members of the community and the relatives. The informant does not want to proceed further with the matter after the compromise. Hence the petition.

Statement of the informant/victim, Sanjeet Kumar, was recorded on 24.2.2026, in which he stated that he had entered into a compromise with the accused voluntarily without any influence from any person and had no objection in case the FIR is ordered to be quashed based on the compromise effected between the parties.

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

The offences punishable under Sections 323, 325, 504 and 506 are compoundable under Section 320 of Cr.P.C. Section 320(3) of Cr.P.C. reads that when an offence is compoundable under this Section, and a person is liable by virtue of Section 34 of IPC, the offence can be compounded. Therefore, the offences punishable under Sections 325, 323, 504 and 506 read with Section 34 of the IPC can be compounded based on the compromise. This Court had quashed the F.I.R. registered for the commission of offences punishable under Section 279 of IPC and Section 185 of the Motor Vehicles Act inter alia in Rajender Thakur versus State of H.P., 2022 STPL 10700 HP, Harish Sharma versus State of H.P., 2022 STPL 10696 HP, Suresh Kumar versus State of H.P., 2019 STPL 1580 HP and Suresh Kumar versus State of H.P, 2019 STPL 4144 HP, based on compromise. This Court has also quashed the F.I.R. registered for the commission of offences punishable under Section 279 of IPC and Section 187 of the MV Act, inter alia, in Rajender Thakur Vs. State of H.P. and others 2022 STPL 10700 HP and Akshay Kumar and others Vs. State of HP and others 2022 STPL 9456 HP. These judgments are binding on this Court.

In view of these binding precedents, the present petition is allowed and FIR No. 35 of 2018, dated 10.3.2018, registered at Police Station Sadar, District Shimla, H.P., for the commission of offences punishable under Sections 325, 323, 356, 279, 504, 506 read with Section 34 of the IPC and Sections 185 and 187 of the MV Act and consequential proceedings arising out of the FIR are ordered to be quashed.

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

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.