Extracted from the PDF above. The PDF is authoritative.
2025:HHC:18340 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MMO No. : 472 of 2025 Decided on : 16.06.2025 Rajni …Petitioner Versus State of Himachal Pradesh & Others …Respondents Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the petitioner : Petitioner in person with Ms. Manjeet Kaur, Advocate vice Mr. Goldy Kumar, Advocate. For the respondents : Mr. Mohinder Zharaick,
Additional Advocate General, for respondent No.1. Respondents No.2 and 3 in person with Ms. Vandana Kumari, Advocate. Virender Singh, Judge
(oral). PetitionerRajni has filed the present petition, under Section 528 of the Bharatiya Nyaya Sanhita (hereinafter referred to as ‘BNS’), for quashing of FIR No.146 of 2021, dated 23.09.2021, registered with Police Station, Jawali, District Kangra, H.P., under Sections 3(1) (r) and 3(1) (s) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, (hereinafter referred to as the ‘SC&ST Act’), as well as, the proceedings 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2025:HHC:18340 resultant thereto, which are stated to be pending before the Court of learned Sessions Judge, Kangra at Dharamshala (hereinafter referred to as ‘the trial Court’). 2. The relief of quashing has been sought on the ground that respondent No.2, due to some misunderstanding, has lodged the FIR, in question, against the petitioner. 3. After registration of the FIR, the police has conducted the investigation and submitted the charge sheet, which is pending before the learned trial Court. 4. According to the petitioner, now, with the intervention of the respectables of the society, in order to maintain their future cordial relations and to live peacefully in the society, the matter has been compromised with respondents No.2 and 3, as, they all are residents of the same family. 5. The terms and conditions of the compromise have been reduced into writing, which are annexed with the petition, as, Annexure P2. 6. On the basis of the above facts, a prayer has been made that the FIR, as well as, proceedings, resultant
3 2025:HHC:18340 thereto, pending before the learned trial Court, may kindly be quashed and set aside, by allowing the petition. 7.
When put to notice, the State has filed the status report, disclosing therein the manner, in which, the FIR, in question, has been registered and the police has conducted the investigation and submitted the final report, which is pending before the learned trial Court. 8. Respondent No.2, who, at one point of time, has levelled the allegations against the petitioner, has now compromised the matter with the petitioner. 9. Respondent No.2, today, appeared, before this Court and deposed that due to some misunderstanding, the FIR, in question, has been registered, at her instance and now, the matter has been compromised with the petitioner and respondent No.3, vide compromise deed Annexure P2. The compromise has been effected between them, in order to maintain their future cordial relations and to live peacefully in the society. She has stated that she has no objection, in case, the petition is allowed, as prayed for. 4 2025:HHC:18340
10. Similar type of statement has been made by the petitioner and respondent No.3, on oath. 11. Heard. 12. A perusal of the cause title of the petition reveals that the petitioner, respondents No.2 and 3, are residents of the same area. Since, the petitioner, as well as, respondents No.2 and 3, are residents of the same area, and related to each other, as such, they have compromised the matter, in order to maintain their future cordial relations and to live peacefully in the society. 13. This Court is satisfied, with the genuineness of the compromise, as, all of them, are residents of the same area and the reason for compromise has been mentioned, as, they want to live peacefully, in the society and to maintain their future cordial relations. In such situation, the chances of success of the prosecution case against the petitioner are also not so bright. 14. The primary purpose of the law is to maintain peace and harmony in the society.
When the petitioner and respondents No.2 and 3 have buried all the disputes by compromising the matter, then, permitting the
5 2025:HHC:18340 proceedings to continue, would be nothing, but, abuse of the process of law. 15. Even otherwise, the acceptance of the compromise, by this Court, will save the precious judicial time of the 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. 16. Considering all these facts, the petition is allowed and FIR No.146 of 2021, dated 23.09.2021, registered with Police Station, Jawali, District Kangra, H.P., under Sections 3(1)(r) and 3(1)(s) of the SC & ST Act, as well as, the proceedings resultant thereto, are ordered to be quashed. 17. The compromise deed, Annexure P2, and the statements of the parties, recorded today, in the Court, shall form part of the judgment. 18. Pending miscellaneous applications, if any, shall also stand disposed of accordingly. ( Virender Singh ) June 16, 2025 (ps) Judge