Himachal Pradesh High Court

CRMMO/888/2026 of SHARIF MOHD. AND OTHERS Vs STATE OF HP AND OTHERS on 5 October 2026

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COURT OF HIMACHAL PRADESH, SHIMLA Cr. MMO No. 888 of 2026 Reserved on: 28.9.2026 Date of Decision: 05.10.2026. Sharif Mohammad & ors. …. Petitioners Versus State of HP & ors. …. Respondents Coram Hon’ble Mr Justice Rakesh Kainthla, Judge. Whether approved for

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Cr. MMO No. 888 of 2026

Reserved on: 28.9.2026

Date of Decision: 05.10.2026.

Sharif Mohammad & ors.

…. Petitioners

Versus

State of HP & ors.

…. Respondents

Coram

Hon’ble Mr Justice Rakesh Kainthla, Judge.

Whether approved for reporting?1 No.

For the Petitioners

:

Mr Parikshit Rathour, Advocate.

For Respondent No.1-State

:

Mr Tarun Pathak, Deputy

Advocate General.

For Respondents No. 2 to 5

:

Mr Pranshul Sharma, Advocate.

Rakesh Kainthla, Judge

The petitioners have filed the present petition for quashing of FIR No. 99 of 2024, dated 21.04.2024, registered at Police Station Baddi, District Solan, H.P. for the commission of offences punishable under Sections 147, 148, 149, 323, 324, 452, 504 and 506 of the Indian Penal Code (IPC), based on a compromise.

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

2.

It has been asserted that the parties compromised the matter to maintain cordial relationships with each other. The informant and the victim do not want to proceed further with the matter after the compromise. Hence the petition.

3.

The statements of the informant/victim Chotu Ram and the victims Taj Mohammad, Kasim, and Naresh Kumar were recorded on 24.8.2026, and the statement of the victim Bassee alias Basso was recorded on 31.8.2026, in which they stated that they had entered into a compromise with the petitioners voluntarily, without any influence or undue pressure, and they did not want to proceed further with the matter after the compromise.

4.

The offences punishable under Sections 323, 504, and 506 of the IPC are compoundable under Section 320 of the Code of Criminal Procedure (CrPC). Section 320(3) of the CrPC provides that when the offences are compoundable, and a person is bound under Section 149 of the IPC, the offences may be compounded.

Therefore, the offences punishable under Sections 323, 504, and 506 read with Section 149 of the IPC can be compounded under Section 320 of the CrPC.

5.

This Court has quashed the F.I.R. registered for the commission of offence punishable under Sections 147 and 148 of the IPC, inter alia in Sivo Devi vs others vs State of HP 2023 (2), Shimla Law Cases 949, Umesh Kumar vs State Kumar HP 2022 STPL

10721, Satish Kumar State of H.P. 2022 STPL 10703, Inderjeet vs State of H.P. 2022(2) Himachal Law Reporter 1217 and Subhash Verma vs State of H.P. 2021 (3) Shimla Law Cases 1146. This Court has also quashed the F.I.R. registered for the commission of an offence 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 2022(2) Him.LR.1217, Raj Kumar @

Raj & Ors. vs. State of Himachal Pradesh & Anr. Latest HLJ 2022(HP)

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(1) 759 and Rukam Deen Vs State of Himachal Pradesh 2023(1) Him. L.R.(HC) 616 based on the compromise. This Court has also quashed the F.I.R. registered for the commission of an offence punishable under Section 452 of IPC in Prashant Dharmani & others vs. State of H.P. & others 2023(1) Him.L.R.241, Ameen vs State of H.P. & others 2023(1) Him L.R.375, Avinash Singh Rana vs State of H.P. & others 023 STPL 3181 H.P and Chaman Lal vs. State of H.P. Latest HLJ

2023(HP) (1)213 based on compromise. These judgments are binding on this Court.

6. In view of these binding precedents, the present petition is allowed, and FIR No. 99 of 2024, dated 21.04.2024, registered at Police Station Baddi, District Solan, H.P. for the commission of offences punishable under Sections 147, 148, 149, 323, 324, 452, 504 and 506 of the IPC and consequential proceedings arising out of the FIR are ordered to be quashed.

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

8. 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 the passing of the order from the Website of the High Court.

(Rakesh Kainthla)

Judge 5th October, 2026 (Chander)

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