Extracted from the PDF above. The PDF is authoritative.
2025:HHC:28395 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MMO No.
640 of 2025 Decided on : 21.08.2025 Raj Kumar Saini …Petitioner Versus State of Himachal Pradesh & Another …Respondents Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the petitioner : Petitioner in person with Mr. Shashi Bhushan, Advocate. For the respondents : Mr. Tejsavi Sharma & Mr. H.S. Rawat,
Additional
Advocates General with Ms. Ranjna Patial, Deputy Advocate General, for respondent No.1. Respondent No.2, in person with Mr. Shivang Chandel, Advocate. Virender Singh, Judge
(oral). PetitionerRaj Kumar Saini has filed the present petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘BNSS’), for quashing of FIR No.73/2024, dated 17.05.2024 (hereinafter referred to as the FIR, in question), registered 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2025:HHC:28395 with Police Station, Kala Amb, District Sirmaur, H.P., under Sections 354A(1)(i), 354A(1)(ii) & 354D of the Indian Penal Code (hereinafter referred to as the ‘IPC’), as well as, the proceedings resultant thereto, if any. 2. The relief of quashing has been sought, on the basis of the compromise, which has taken place between the petitioner and respondent No.2. 3. According to the petitioner, on the statement of respondent No.2, the FIR, in question, has been registered against him. After registration of the FIR, the police has started the investigation. 4. According to the petitioner, during the pendency of the investigation, the matter has been compromised between him and respondent No.2. The terms and conditions of the compromise have been reduced into writing, vide compromise deed Annexure P2. 5. On the basis of the above facts, a prayer has been made that the FIR, in question, as well as, proceedings resultant thereto, if any, be quashed, by allowing the petition. 3 2025:HHC:28395
6. When put to notice, respondent No.1State has filed the status report, mentioning therein, that complainant/respondent No.2, has made a complaint against the petitioner, disclosing therein, that the petitioner being plant head, is insisting her time and again to do wrong act with him and also asked her to meet outside. The complainant has also alleged in the complaint that the petitioner had caught hold of her hand, when she was alone and he used to harass her.
Thereafter, the FIR, in question, has been registered, at the instance of respondent No.2, and the police is investigating the matter. 7. Respondent No.2, who, at one point of time, had put the criminal machinery into motion, appeared before this Court and has deposed that due to some misunderstanding, she had lodged the FIR, in question. She has also deposed that now, she has compromised the matter with the petitioner, out of her free will, consent and without any pressure. She has also admitted her signature on Annexure P2. She, in unequivocal terms, has deposed that she has no objection, in case, the petition is allowed, as prayed for. 4 2025:HHC:28395
8. Similar type of statement has also been made by the petitioner, on oath. 9. Heard. 10. In this case, the criminal machinery was put into motion, by respondent No.2, by lodging the FIR, in question, who initially had levelled the allegations against the petitioner, however, when appeared before this Court, she has exonerated the petitioner from the allegations. 11. Once, the person, who had put the criminal machinery into motion, has exonerated the petitioner from the allegations, the chances of success of prosecution case against the petitioner are not so bright. 12. When the parties, have buried all their disputes, by compromising the matter, vide compromise Annexure P2, then, permitting the proceedings to continue against the petitioner, would be nothing, but, abuse of process of law. 13. 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
5 2025:HHC:28395 petitioners, as well as, respondent No.2 to live peacefully in the society. 14.
Even otherwise, acceptance of the compromise, by this Court, will save the precious judicial time of the Court, in which, the final report would be filed and that Court would be in a position to devote such time for the decision of some other serious matters, pending before it. 15. Moreover, this Court is satisfied with the genuineness of the compromise Annexure P2, entered into between the parties. 16. Considering all these facts, the petition is allowed and FIR No.73 of 2024, dated 17.05.2024, registered with Police Station, Kala Amb, District Sirmaur, H.P., under Sections 354A(1)(i), 354A(1)(ii) and 354D of the IPC, as well as, the proceedings resultant thereto, pending before the learned trial Court, 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. 6 2025:HHC:28395
18. Pending miscellaneous applications, if any, shall also stand disposed of accordingly. ( Virender Singh ) Judge August 21, 2025(ps)