Extracted from the PDF above. The PDF is authoritative.
2025:HHC:33536 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MMO No. : 898 of 2025 Decided on : 26.09.2025 Ganga Ram …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 Ms. Bharti Mehta, Advocate. For the respondents : Mr. Tejasvi Sharma, Additional Advocate General, with Ms. Ranjna Patial, Deputy Advocate General, assisted by SI Ghanshyam Sharma, SHO Police Station, Deha, for respondent No.1. Respondent No.2, in person with Ms. Sonam Kumari, Advocate Virender Singh, Judge
(oral). Petitioner Ganga Ram has filed the present petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘BNSS’), for quashing of FIR No.57 of 2023, dated 25.10.2023, registered with Police Station, Deha, District Shimla, H.P., 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2025:HHC:33536 under Sections 498A and 323 of the Indian Penal Code, (hereinafter referred to as the ‘IPC’), as well as, the proceedings resultant thereto, which are stated to be pending before the Court of learned Additional Chief Judicial Magistrate, Theog, District Shimla, H.P., (hereinafter referred to as the ‘trial Court’). 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 him. 4. After registration of the FIR, the police has conducted the investigation and submitted the charge sheet, which is now pending adjudication before the learned trial Court. 5. According to the petitioner, during the pendency of the case, he and respondent No.2, have compromised, the matter. 6. The terms and conditions of the compromise have been reduced into writing, which are annexed with the petition, as, Annexure P2. 3 2025:HHC:33536
7. On the basis of the above facts, a prayer has been made that the FIR, 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, the State has filed the status report, disclosing therein that complainant (respondent No.2) has made a complaint to the police mentioning therein that her husband used to maltreat her, by giving her beatings after consuming alcohol.
According to the complainant, on 25.10.2023, when, she had gone to grazing land to cut the grass, then, her husband called her and asked her not to cut the grass from the said grazing land. Thereafter, when, she returned home and reached on the road near the house, her husband met her there and started giving beatings to her with kick, slap and fist, due to which, she had sustained injuries in her nose, mouth, throat and also on the other parts of the body. 9. The person, who, at one point of time, had levelled the allegations against the petitioner, and had lodged the FIR, in question, appeared, before this Court and made a statement, on oath, that she was married to
4 2025:HHC:33536 the petitioner, in the year 2012. Thereafter, they have been blessed with two children. 9. Respondent No.2 has further deposed that due to some misunderstanding, she has lodged FIR, in question, against the petitioner. After registration of the FIR, the police has conducted the investigation and submitted the final report, which is pending before the learned trial Court. 10. Respondent No.2, has further deposed that now, during the pendency of the trial, the matter has been compromised between her and the petitioner. Now, she is residing happily with the petitioner, as well as, their children, in the matrimonial home. She has specifically stated that she has no objection, in case, the petition is allowed, as prayed for. 11. Similar type of statement has also been made by the petitioner, on oath. 12. Heard. 13. The marriage between petitioner and respondent No.2, is stated to have taken place in the year 2012 and both of them have also been blessed with two
5 2025:HHC:33536 children.
However, compelled by the circumstances, it seems that due to some misunderstanding, respondent No.2, had lodged the FIR, in question, against the petitioner, in which, the police has conducted the investigation and submitted the final report, which is now pending before the learned trial Court. 14. The efforts made by the petitioner have resulted into settlement of the matter and respondent No.2, has now started residing with petitioner No.1, in the matrimonial home. 15. Not only this, as per the categoric stand taken by respondent No.2, all the disputes between petitioner and respondent No.2, have now been settled and they have entered into the compromise, the terms and conditions of which have been reduced into writing, vide compromise deed Annexure P2. 16. The primary purpose of the law is to maintain peace and harmony in the society. When, petitioner and respondent No.2, have now started residing together, in the matrimonial home, after settling all the disputes, then, the sincere efforts, which they had made, must be recognized
6 2025:HHC:33536 by the Court, by accepting the present petition, as prayed for. 17. Even otherwise, if respondent No.2, is compelled to pursue the criminal proceedings against the petitioner, pending before the learned trial Court, it would be nothing, but, abuse of the process of law and it would also adversely affect the matrimonial life of petitioner and respondent No.2, as well as, their children. 18. Considering all these facts, this Court is of the view that in case, the present petition is allowed, it will, not only save the precious judicial time of the learned trial Court, but, it will also save the valuable relations between the parties i.e. petitioner and respondent No.2. The time, which, the learned trial Court, would have devoted for the decision of this case, may be devoted for deciding some other serious matter. 19.
Considering all these facts, the petition is allowed and FIR No.57 of 2023, dated 25.10.2023, registered with Police Station, Deha, District Shimla, H.P., under Sections 498A and 323 of the IPC, as well as, the
7 2025:HHC:33536 proceedings resultant thereto, pending before the learned trial Court, are ordered to be quashed. 20. The compromise Annexure P2 and the statements of the parties, recorded today in the Court, shall form part of the judgment. 21. Pending miscellaneous applications, if any, shall also stand disposed of accordingly. ( Virender Singh ) Judge September 26, 2025(ps)