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High Court of Himachal Pradesh · body

2025 DAILYLAW 17992 (HP)

JAI PAL v. THE STATE OF HP AND OTHERS

CRMMO/567/2025 · 2025-07-02

Virender Singh

body2025

Judgment text

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. ( 2025:HHC:21342 ) IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.MMO No.567 of 2025 Date of Decision: 02.07.2025 Jai Pal …Petitioner Versus State of H.P. & Ors. ..Respondents Coram: The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the petitioner : Petitioner in person with Mr. Aashish Kumar, Advocate. For the respondents : Mr. Anup Rattan, Advocate General with Mr. Tejasvi Sharma, Additional Advocate General & Mr. Rohit Sharma, Deputy Advocate General, for respondent No.1/State. Respondents No.2 and 3 in person with Ms. Shabnam, Advocate. Virender Singh, Judge (Oral) Petitioner has filed the present petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, (hereinafter referred to as ‘BNSS’), for quashing of FIR No.24 of 2025, dated 30.05.2025, registered with Police Station, Bhaba Nagar, District Kinnaur, H.P., under Sections 75(2), 115(2), 352 & 351(3) of Bharatiya Nyaya Sanhita, (hereinafter referred to as the ‘BNS’). 1 Whether reporters of Local Papers may be allowed to see the judgment? . ( 2025:HHC:21342 ) 2. The relief of quashing has been sought on the basis of the compromise, effected between the parties. 3. According to the petitioner, on the statement of respondent No.2, the FIR, in question, has been registered against them. 4. After registration of the FIR, the police has conducted the investigation, but the challan has not yet been filed. 5. The terms and conditions of the compromise have been reduced into writing, which are annexed with the petition, as, Annexure P-2. 6. On the basis of the said compromise, a prayer has been made to allow the petition, as prayed for, by quashing of FIR No.24 of 2025, as well as, all the proceedings resultant thereto. 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 manner, in which, the police has investigated the matter. 8. The person, who, at one point of time, has levelled the allegations against the petitioner, and has lodged the FIR, in question, appeared today, before this Court and . ( 2025:HHC:21342 ) made a statement, on oath, that due to misunderstanding, she had lodged an FIR, in question, against the petitioner. She has deposed that with the intervention of the respectable persons of the society and in order to maintain cordial relations, the matter has been compromised. 9. Similar type of statements have been made by the petitioner and respondent No.3, on oath. 10. Heard. 11. As per the stand taken by the parties, the dispute between them has now been settled. The terms and conditions of the compromise, have been placed on record as Annexure P-2. 12. The criminal machinery, in the present case, has swung into motion, by respondent No.2, by lodging the FIR, in question. However, as per the stand, taken by the petitioner, as well as, respondent No.2, they have compromised the matter, vide compromise, Annexure P-2. 13. The terms and conditions, which have been agreed upon by the parties, in order to settle all the disputes, should be honoured by the Court, as no useful purpose would be achieved, by keeping the proceedings alive. . ( 2025:HHC:21342 ) 14. Acceptance of the compromise will also save the precious judicial time of the learned trial Court, which the learned trial Court would be in a position to devote such time in deciding some other serious disputes, pending before it. 15. Considering all these facts, the present petition is allowed and FIR bearing No.24 of 2025, dated 30.05.2025, registered with Police Station Bhaba Nagar, District Kinnaur, H.P., under Sections 75(2), 115(2), 352, 351(3) of BNS, as well as, proceedings resultant thereto, are quashed. 16. The statements of the parties and the compromise Annexure P-2, shall form part of the judgment. 17. The present petition is allowed in the aforesaid terms. Pending miscellaneous application(s), if any, also stands disposed of. (Virender Singh) Judge July 02, 2025 (subhash)