IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MMO No. 743 of 2025 Decided on : 19.08.2025 Vivek Kumar …Petitioner Versus State of Himachal Pradesh & Anr. …Respondents Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the petitioner : Mr. Vinod Thakur, Advocate. For the respondents : Ms. Ranjna Patial, Deputy Advocate General, for respondent No. 1. Mr. Raman Sharma, Advocate, for respondent No. 2. Virender Singh, Judge (oral). Petitioner–Vivek Kumar has filed the present petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), for quashing of FIR No. 37/2025, dated 20.02.2025, registered under Sections 305 and 331(3) of Bhartiya Nyaya Sanhita (hereinafter referred to as the ‘BNS’), with Police Station Hamirpur, District Hamirpur, H.P., as well 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 as, the proceedings resultant thereto, bearing Police Challan No. 9099/2025, which are stated to be pending before the Court of learned Chief Judicial Magistrate, Hamirpur, District Hamirpur, H.P., (hereinafter referred to as the ‘trial Court’), on the basis of the compromise, which is stated to have taken place between the petitioner and respondent No. 2. 2. The present petition has been filed by the petitioner on the ground that on 20.02.2025, on the statement of respondent No. 2, FIR in question was registered against him, in which, the police has conducted the investigation and submitted charge sheet before the learned trial Court. 3. It is his further case that during the pendency of those proceedings, matter has now been compromised with the intervention of the respectable members of the society and on the basis of compromise, a prayer for quashing of the FIR has been made. 4. On the basis of above facts, a prayer has been made to allow the petition, as prayed for. 5. When put to notice, police has filed the status report, disclosing therein, that on 20.02.2025, respondent 3 No. 2 moved a complaint that on the said date, at about 9:30 am, he went to his duty after locking his room and when at about 3:30 pm, his family came back, they noticed that the room was open and the articles were lying scattered in the room. His wife told him about the same, upon which, he went to the room. On checking, Blue Panhet speaker Woofer was found to be stolen. As such, he requested the police to take the action. Thereafter, FIR in question has been registered and the criminal machinery swung into motion. On completion of the investigation, challan against the petitioner has been filed, which is pending adjudication, before the learned trial Court. 6. Complainant has been impleaded as respondent No. 2 in this case, who has put appearance along with his Counsel. Respondent No. 2 has made a categorical statement that a theft had taken place in his residential house upon which, he had lodged the FIR in question. Thereafter, the police conducted the investigation and after the investigation, charge-sheet has been filed, which is pending before the learned trial Court. 4 7. According to respondent No. 2, with the intervention of respectables of the society, the matter has now been compromised in terms of compromise Annexure P-2, which bears his signatures encircled red at point A. The said compromise is stated to have been effected between the parties in order to maintain good relations between the parties. He has also deposed that the compromise has been effected, out of his sweet free will and without any coercion. 8. Similar type of statement has also been made by the petitioner. 9. Heard. 10. Respondent No. 2, who, at one point of time, had reported the matter of theft to the police and on his statement, FIR in question has been registered and police conducted the investigation, today appeared before the Court, and reiterated the said factual position, however, he has stated that now, with the intervention of respectable persons of the society, the matter has been compromised. This Court is satisfied with regard to the genuineness of the compromise between the parties and it seems that the 5 compromise is being effected in order to maintain future cordial relations. 11. The primary purpose of law is to maintain peace and harmony in the society. When, the petitioner and respondent No. 2 have buried all their disputes, by compromising the matter, then, permitting the proceedings to continue, before the learned trial Court, would be nothing, but, abuse of the process of law. 12. Even otherwise, 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. 13. Considering all these facts, the present petition is allowed and FIR No. 37/2025, dated 20.02.2025, registered with Police Station Hamirpur, District Hamirpur, H.P., under Sections 305 and 331 (3) of BNS, as well as, the proceedings, resultant thereto, pending before the learned trial Court, are ordered to be quashed. 14. The compromise deed, Annexure P-2, and the statements of the parties, recorded today, shall form part of the judgment. 6 15. Pending miscellaneous applications, if any, shall also stand disposed of accordingly. ( Virender Singh ) Judge August 19, 2025 (Pramod Kumar)