Kapil Dev @ Rinku Vs State of Hp and Another

*Coram* *Hon’ble Mr. Justice Rakes* *Whether approved for rep*	*h Kainth* *orting?*	*la, Judge.* *No.*
For the petitioner	:	Ms Mahima Sharma, Advocate.
For the respondents	: :	Mr. Prashant Sen, Deputy Adv General, for respondent No.1/Stat Ms. Ranta Chauhan, Advocate, Mr. Sanjay Ranta, Advocate, respondent No.2.	ocate e vice for

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Rakesh Kainthla,Judge

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The present petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) for quashing of F.I.R. No. 116 of 2023, dated 03.07.2023, registered for the commission of offences punishable under Sections 323, 324, 504 and 506 of the Indian Penal Code (IPC) at Police Station Dhalli, District Shimla, H.P. and consequent proceedings arising out of the said F.I.R based on the compromise effected between the parties.

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Whether reporters of the local papers may be allowed to see the judgment? Yes

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2025:HHC:17283

It has been asserted that the parties have entered into a compromise and informant/victim does not want to proceed further with the present matter. The informant is wife of the petitioner and they are residing happily with each other. Hence, the present petition.

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Statement of informant was recorded on 02.04.2025, in which she stated that she had reported the matter to the police. The petitioner is her husband and she had settled the matter with him voluntarily without any influence of any person. She did not want to proceed further with the F.I.R. and she has no objection, in case the FIR lodged against the petitioner/accused is ordered to be quashed.

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

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This F.I.R. was registered for the commission of offences punishable under Sections 323, 324, 504 and 506 of IPC. The offences punishable under Sections 323, 504 and 506 of IPC are compoundable under Section 320 of Cr.P.C. This Court had already quashed the F.I.R. registered for the commission of offences punishable under Section 324 of IPC in Ram Krishan alias Ramu vs. State of H.P.& others Latest HLJ 2021(2)(HP) 1327, Amir Hussain vs State of Himachal Pradesh 2022(1)Him.L.R.195, Braham Dass & others vs. State of H.P & others 2022(1) Him.L.R.466, Inderjeet Singh & others vs State of H.P. & others

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2025:HHC:17283

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2022(2)Him.LR.1217, Raj Kumar @ Raj & Ors. vs. State of Himachal Pradesh & Anr. Latest HLJ 2022(HP)(1) 759 and Rukam Deen Vs State of Himachal Pradesh 2023(1) Him L.R.(HC) 6161 based on the compromise. These judgments are binding on this Court.

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6 Therefore, in view of these precedents, the present petition is allowed and F.I.R. No. 116 of 2023 dated 03.07.2023, registered for the commission of offences punishable under Sections 323, 324, 504 and 506 of IPC at Police Station Dhalli, District Shimla, H.P. is ordered to be quashed. Consequent upon the quashing of FIR, criminal proceedings pending/initiated against the petitioner-accused in pursuance thereto, are also ordered to be quashed.

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

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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 Website of the High Court.

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(Rakesh Kainthla) Judge

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02^nd June, 2024 (ravinder)

Kapil Dev @ Rinku v. State of Hp and Another

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Kapil Dev @ Rinku v. State of Hp and Another

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