Extracted from the PDF above. The PDF is authoritative.
2025:HHC:17285 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MMO No. 428 of 2025 Decided on : 02.06.2025 Jaspinder Singh & Another …Petitioners Versus State of Himachal Pradesh …Respondent Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the petitioners : Petitioners in person with Mr. Sanjeev Kuthiala, Senior Advocate assisted by Mr. Abhishek, Advocate. For the respondents : Mr. Rohit Sharma, Deputy Advocate General for respondent No.1. Virender Singh, Judge
(oral). Petitioners have filed the present petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘BNSS’), for quashing of FIR No.191/2024, dated 30.11.2024 (hereinafter referred to as the FIR, in question), registered with Police Station, Manali, H.P., under Sections 115(2), 126(2), 118(1) and 238 of the Bharatiya Nyaya Sanhita (hereinafter referred to 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2025:HHC:17285 as the ‘BNS’), as well as, the proceedings resultant thereto, which are stated to be pending before the Court of learned Judicial Magistrate First Class, Manali, District Kullu, H.P. (hereinafter referred to as the ‘trial Court’). 2. The relief of quashing has been sought, on the basis of the compromise, which has taken place between the petitioners. 3. According to the petitioners, on the statement of petitioner No.2, the FIR, in question, has been registered against petitioner No.1. 4. After registration of the FIR, the police has conducted the investigation and submitted the final report, which is now pending adjudication before the learned trial Court. 5. According to the petitioners, during the pendency of the aforesaid case, with the intervention of the common friends and the relatives, they have compromised the matter. 6. The terms and conditions of the compromise have been reduced into writing, vide compromise deed, Annexure P2. 3 2025:HHC:17285
7. On the basis of the above facts, a prayer has been made that the FIR, in question, as well as, proceedings, resultant thereto, pending before the learned trial Court, may kindly be quashed and set aside, by allowing the petition. 8. When put to notice, respondentState has filed the status report, mentioning therein the circumstances, in which, the FIR, in question, has been registered, at the instance of petitioner No.2, as well as, the manner, in which, the investigation has been conducted, by the police, in this case. 9.
Petitioner No.2, who, at one point of time, has put the criminal machinery into motion, appeared before this Court and has stated that now, he has compromised the matter with petitioner No.1, out of his free will, consent and without any pressure. He has also admitted his signatures on Annexure P2. He, in unequivocal terms, has deposed that he has no objection, in case, the petition is allowed, as prayed for. 10. Similar type of statement has also been made by the petitioner No.1, on oath. 4 2025:HHC:17285
11. Heard. 12. In this case, the criminal machinery was put into motion, by petitioner No.2, by lodging the FIR, in question, who initially had levelled the allegations against petitioner No.1, however, when appeared before this Court, he has exonerated petitioner No.1 from the allegations. 13. Once, the person, who had put the criminal machinery into motion, has exonerated petitioner No.1 from the allegations, the chances of success of prosecution case against petitioner No.1 are not so bright. 14. When the parties, have buried all their disputes, by compromising the matter, vide compromise Annexure P2, then, permitting the proceedings to continue against petitioner No.1, would be nothing, but, abuse of process of law. 15. The primary purpose of law is to maintain peace and harmony in the society. Acceptance of the petition, would also give another opportunity to the petitioners to live peacefully in the society. 16. Even otherwise, acceptance of the compromise, by this Court, will save the precious judicial time of the
5 2025:HHC:17285 learned trial Court, which, the learned trial Court will be in a position to devote for the decision of some other serious matters, pending before it. 17. Moreover, this Court is satisfied with the genuineness of the compromise Annexure P2, entered into between the parties. 18. Considering all these facts, the petition is allowed and FIR No.191 of 2024, dated 30.11.2024, registered with Police Station, Manali, District Kullu, H.P., under Sections 115(2), 126(2), 118(1) and 238 of the BNS, as well as, the proceedings resultant thereto, pending before the learned trial Court, are ordered to be quashed.
19. The compromise deed, Annexure P2, and the statements of the parties, recorded in the Court, shall form part of the judgment. 20. Pending miscellaneous applications, if any, shall also stand disposed of accordingly. ( Virender Singh ) Judge June 02, 2025(ps)