Amit Kumar and Others v. State of HP and Others

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MMO No. 763 of 2026 Reserved on: 15.9.2026 Decided on: 22.9.2026 Amit Kumar & 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 : Ms Shikha Chauhan, Advocate. For Respondents No.1 and 2/State : Mr Tarun Pathak, Deputy Advocate General. For Respondent No.3 : Ms

Meera

Devi,

Advocate. Rakesh Kainthla, Judge The petitioners have filed the present petition for quashing of FIR No. 166 of 2018, dated 27.06.2018, registered at Police Station West, Shimla, for the commission of offences punishable under Sections 498-A, 323, 406, and 506 of the Indian Penal Code (IPC), based on a compromise between the parties. Whether reporters of Local Papers may be allowed to see the judgment? Yes.

¶2It has been asserted that petitioner No. 1 and the informant were involved in litigation against each other before various Courts. An FIR No. 166 of 2018 was registered against the petitioner at Police Station West, Shimla, at her instance. Subsequently, the parties settled the matter between them. The marriage between the parties was dissolved on 07.11.2022 based on a settlement deed. The informant does not want to proceed further with the FIR after the settlement between the parties. Hence, the petition.

¶3The statement of the informant/victim was recorded on 31.07.2026, in which she stated that she had entered into a compromise with the accused voluntarily, without any influence from any person. She had obtained a divorce from the petitioner, and she does not want to proceed further with the matter after the compromise.

¶4I have heard learned counsel for the parties and have gone through the record carefully.

¶5The offences punishable under Sections 406, 506, and 323 of the IPC are compoundable under Section 320 of the Code of Criminal Procedure (Cr.P.C.). The offence punishable under Section 498-A has arisen out of a matrimonial discord, which has been settled between the parties. Hence, the same can be quashed as per the judgment of the Hon'ble Supreme Court 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)I DMC 335 (HP) and Sanjay Kumar vs. State of H.P2023 (1) Him L.R. 602, which are binding upon this Court.

¶6Consequently, the present petition is allowed and FIR No. 166 of 2018, dated 27.06.2018, registered at Police Station West, Shimla, for the commission of offences punishable under Sections 498-A, 323, 406, and 506 of IPC and consequential proceedings pending/initiated against the petitioner-accused in pursuance thereto are quashed.

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

¶8Parties 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.

(Rakesh Kainthla)

Judge 22nd September, 2026 (Chander)