Himachal Pradesh High Court
CRMMO/735/2026 on 27 October 2026
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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr. MMO No. 735 of 2026
Reserved on: 16.10.2026
Date of Decision: 27.10.2026
Harnek Singh & others
.... Petitioners
Versus
State of H.P. & others
.... Respondents
Coram
Hon’ble Mr Justice Rakesh Kainthla, Judge. Whether approved for reporting? No. For the petitioners : Mr Hitesh Kumar, Advocate. For respondents
:
Mr Jitender Sharma, Additional Advocate General, for respondent No.1/State. Mr Khem Raj, Advocate, for respondents No. 2 and 3.
Rakesh Kainthla, Judge
The petitioners have filed the present petition for quashing of FIR No. 268 of 2016, dated 18.10.2016, registered at Police Station Baddi, District Solan, H.P. for the commission of an offence punishable under Section 365 read with Section 34 of Indian Penal Code (IPC) and the consequential proceedings arising out of it based on the compromise effected between the parties.
2. It has been asserted that the petitioners, informant and injured, have entered into a compromise settling all the differences, misunderstanding between them, they want to reside happily and in harmony. Therefore, it was prayed that the present petition be allowed and FIR and consequential proceedings arising out of it be quashed.
3. The statement of the informant-Seema and victim Raj Kumar were recorded on 11.08.2026, in which Seema stated that she had compromised the matter with the accused/petitioners voluntarily. Raj Kumar stated that he was not kidnapped by any person.
4. Heard.
5. This Court has quashed the FIR registered for the commission of an offence punishable under Section 365 of IPC inter alia in Gurvinder Singh alias Garry & others vs. State of H.P. & another bearing Cr.MMO No. 745 of 2023, decided on 12.12.2023. The Hon’ble Supreme Court also quashed the F.I.R. registered for the commissions 365, 324 and 325 read with Section 149 of IPC based on a compromise in State of Punjab versus Avtar Singh 2026 INSC 934.
6. Therefore, in view of these precedents, the present petition is allowed and F.I.R. No. 268 of 2016, 18.10.2016, registered for the commission of an offence punishable under Sections 365 read with Section 34 of IPC at Police Station Baddi, District Solan, H.P. and consequential proceedings arising out of F.I.R. are quashed.
7. Petition stands disposed of in the above terms, so also pending 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 passing of the order from Website of the High Court.
(Rakesh Kainthla)
Judge
27th October, 2026
(Ravinder)