Rahul Manhas Vs State of Hp

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IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA

Cr.MMO No.1229 of 2024 Date of Decision: 13.10.2025 Rahul Manhas …Petitioner Versus State of H.P. & Anr. ..Respondents Coram:

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*The Hon’ble Mr. Justice V* *Whether approved for rep*	*irender Singh, Judge.* *orting?*¹
For the petitioner :	Petitioner in person with Mr. Sanjay Kumar Sharma, Mr. Sanjay Gandhi and Mr. Sankalp Thakur, Advocates.
For the respondents :	Mr. Mohinder Zharaick and Mr.
	H.S. Rawat, Additional
	Advocates General with Mr.
	Rohit Sharma, Deputy Advocate
	General, for respondent No.1/State.
	Respondents No.2 in person
	with Mr. Manish Kumar, Advocate.

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Virender Singh, Judge (Oral)

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Petitioner has filed the present petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, (hereinafter referred to as ‘BNSS’), for quashing of FIR No.214 of 2023, dated 07.10.2023, registered with Police Station, West Shimla, District Shimla, H.P., under Sections

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1 Whether reporters of Local Papers may be allowed to see the judgment?

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354D and 509 of Indian Penal Code, (hereinafter referred to as the ‘IPC’).

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According to the petitioner, on the statement of respondent No.2, the FIR, in question, has been registered against him.

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As per the record, respondent No.2, lodged the

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case by alleging the following facts:-

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That I am Aditi daughter of Shri Rakesh, Sir, I request that I am Aditi daughter of Shri Rakesh Kumar, resident of 577 Sector 8, Jind Haryana (126102), currently a student of BALLB (Hons). I have complained about Rahul Minhas address above earlier also but he is harassing me again. Today on 07.10.2023, when I was returning to Rishika Maitri Hostel, that black Kia Car No.DL9CAZ5054 came and he took out his hand and pointed an obscene sign (middle finger) towards me and when I reached the hostel gate, he came back and stood in font of the hostel and due to which I got scared and made a video and came inside. At this time, I am very scared and under mental stress. Your had assured me of my safety, please provide me security.”

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After registration of the FIR, the police has

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conducted the investigation and filed the charge sheet which has been pending before the learned trial Court.

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It is the case of the petitioner that neither offence under Sections 354D and 509 is made out from the FIR lodged against him, nor, the police could collect the evidence

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against him. On the basis of the grounds, as taken in the petition, a prayer has been made to allow the petition by quashing of FIR in question.

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When put to notice, the respondent No.1-State has filed the status report, disclosing therein the manner, in which, the FIR, in question, has been registered and the manner, in which, the police has investigated the matter.

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On 31.07.2025, in pursuance of the directions of

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this Court, petitioner, as well as, respondent No.2, put appearance and thereafter the matter was referred for mediation. Today, the matter has been received from the learned Mediator and according to the report, matter has now been settled between the parties. Thereafter, the statements of the petitioner and respondent No.2 have been recorded. Both of them have deposed, on oath, about the admitted factual position, according to which, the FIR in question was registered against the petitioner at the instance of respondent No.2 and thereafter, the petitioner has filed the present petition for quashing the FIR in question.

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During the pendency of those proceedings, matter has been referred to learned Mediator and according to the petitioner and respondent No.2, with the efforts made

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by the learned Mediator, matter has now been settled between them and in view of the settlement, now they are ready to settle the matter. As per their statements, this Court is satisfied that the petitioner and respondent No.2 have settled the matter out their free will and consent and there is no justification to keep the matter alive.

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Moreover, acceptance of the present petition in view of the statements, so made, by the petitioner and respondent No.2 will also save the precious judicial time of the learned trial Court as the said time could be devoted for deciding some other serious disputes, pending before it.

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Similar type of statement has been made by the petitioner, on oath.

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Considering all these facts, the present petition

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is allowed and FIR bearing No.214 of 2023, dated 07.10.2023, registered with Police Station West Shimla, District Shimla, H.P., under Sections 354D & 509 of IPC, as well as, proceedings resultant thereto, are quashed.

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