Lal Deen and Others Vs State of Hp and Another

The petitioners have filed the present petition for quashing of FIR No. 42 of 2019, dated 17.08.2019, registered at Women Police Station, Solan, District Solan, H.P. for the commission of offences punishable under Sections 498-A, 312, and 323 read with Section 34 of the Indian Penal Code (IPC) and

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

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2025:HHC:43998

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the consequential proceedings arising out of the FIR based on the compromise effected between the parties.

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It has been asserted that the matter has been compromised between the parties. The informant and petitioner No. 1 have divorced each other, and the informant does not want to proceed further with the matter after the compromise. Hence, the petition.

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The statement of the informant was recorded on 08.10.2025, in which she stated that she had divorced her husband voluntarily. She and her ex-husband had married after the divorce. She did not want to proceed further with the FIR lodged by her and had no objection in case the FIR is ordered to be quashed based on the compromise.

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The offence punishable under Section 323 of the IPC is compoundable under Section 320 of Cr.P.C. Section 320 (3) of Cr.P.C. provides that when an offence is compoundable under Section 320 of CrPC, and the accused is liable under Section 34 or Section 149 of IPC, the offence may be compounded. Thus, the offence punishable under Section 323, read with Section 34 of the IPC, can be compounded as per Section 320 of the Cr.P.C. The

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offence punishable under Section 498A of IPC arises out of the matrimonial dispute and can be quashed as per the judgments in Gian Singh versus State, 2012 (10) SCC 303 , Narender versus State of Punjab, 2014 (16) SCC 466, Vikas Singh vs. State of H.P. (2023)1 DMC 335 (HP) and Sanjay Kumar vs. State of H.P. 2023 (1) Him L.R. 602 , which are binding upon this Court. The offence punishable under Section 312 of the IPC is not compoundable. Still, this Court had already quashed the FIR registered for the commission of offences punishable under Sections 312, 498A, 506 and 34 of IPC in Surender Singh vs. State of H.P. 2012:HimLR 720, which is binding on this Court. Further, the Delhi High Court also quashed the FIR registered for the commission of an offence punishable under Sections 312 inter alia based on the compromise in Tatton Perme vs State (NCT of Delhi) (2021) 284 DLT 383 . Thus, the FIR registered for the commission of offences punishable under Section 312 can be quashed based on the compromise.

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Consequently, the present petition is allowed and the FIR No. 42 of 2019, dated 17.08.2019, registered for the commission of offences punishable under Sections 498-A, 312, and 323 read with Section 34 of the IPC at Women Police Station Solan, District Solan, H.P. and consequential proceedings

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pending/initiated against the petitioners/accused in pursuance thereto, are quashed.

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Petition stands disposed of in the above terms, so also pending miscellaneous 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 the Website of the High Court.

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(Rakesh Kainthla) Judge

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17^th December, 2025 (Nikita)

Lal Deen and Others v. State of Hp and Another

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Lal Deen and Others v. State of Hp and Another

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