2025:HHC:838 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MMO No.1316 of 2024 Decided on : 06.01.2025 Suresh Kumar & Ors. …Petitioners Versus State of Himachal Pradesh & Ors. …Respondents Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the petitioners : Mr. Kamal Kant Chandel, Advocate. For the respondents : Mr. Mohinder Zharaick and Mr. H.S. Rawat, Additional Advocates General with Ms. Ranjana Patial, Deputy Advocate General, assisted by HC Dhanvir Singh No.29, PS BSL Colony, Sundernagar, District Mandi,HP for respondents No.1 to 3. Ms. Heena Chauhan, Advocate, for respondents No.4 and 5. Virender Singh, Judge (oral). Petitioners have filed the present petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), for quashing of FIR No.122/2020, dated 12.07.2020 (hereinafter referred to as the FIR, in question), registered with Police Station, BSL Colony, Sunder Nagar, District Mandi, H.P., under 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2025:HHC:838 Sections 451, 323 and 34 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, Court No.1, Sunder Nagar, District Mandi, H.P. (hereinafter referred to as the ‘trial Court’). 2. The relief of quashing has been sought, on the basis of the compromise, which has taken place between the petitioners and respondents No.4 and 5. 3. According to the petitioners, on the statement of petitioner No.3, cross FIR, bearing No.121 of 2020, dated 12.07.2020, under Sections 451, 323, 504, 506, 34 of IPC, with Police Station BSL Colony, Sunder Nagar, District Mandi, H.P., has also been registered, against respondents No.4 and 5. 4. After registration of the said cross FIR, the police has investigated the matter and has submitted the charge-sheet, bearing Police Challan No.190/2020, which is pending adjudication, before the Court of learned JMFC, Court No.2, Sunder Nagar, District Mandi, H.P. 3 2025:HHC:838 5. It is the case of the petitioners that after registration of the FIR, in question, police has conducted the investigation and submitted the report under Section 173(2) Cr.PC, which is now pending adjudication before the learned trial Court. 6. According to the petitioners, they and respondents No.4 and 5 are the family members and are living in the same place. During the pendency of the aforesaid case and in order to maintain their future cordial relations, they have compromised the matter with respondents No.4 and 5. 7. The terms and conditions of the compromise have been reduced into writing, which are Annexure P-2. 8. On the basis of the said compromise, a prayer has been made to allow the petition, as prayed for, by quashing the FIR, in question, as well as, proceedings resultant thereto, pending before the learned trial Court. 9. When, put to notice, respondents No.1 to 3- State have filed the status report, mentioning therein the circumstances, in which, the FIR, in question, has been registered, at the instance of respondent No.4, as well as, 4 2025:HHC:838 the manner, in which, the investigation has been conducted, by the police, in this case. 10. The petitioners have impleaded the complainant, as respondent No.4. 11. Today, respondents No.4 and 5, appeared before the Court and deposed, on oath, that on the basis of the statement of respondent No.4, FIR, in question, has been lodged, against the petitioners. 12. Respondents No.4 and 5 have further deposed that the petitioners are not the strangers, but, their close relatives and on the same day, at the instance of petitioner No.3-Satish Kumar, FIR No.121 of 2020, dated 12.07.2020, under Sections 451, 323, 504, 506, 34 of IPC, with Police Station BSL Colony, Sunder Nagar, District Mandi, H.P., has also been registered against them. After registration of the said FIR, police has investigated the said matter and has submitted the charge-sheet, bearing Police Challan No.190/2020, which is pending adjudication, before the Court of learned JMFC, Court No.2, Sunder Nagar, District Mandi, H.P. 13. Apart from this, respondents No.4 and 5 have also deposed that since, they and the petitioners are the 5 2025:HHC:838 close relatives to each other, as such, with the intervention of the respectables of the society, the matter has been compromised, between them, vide Compromise Deed Annexure P-2. They have also deposed that in view of the compromise, they have no objection, if the petition is allowed, as prayed for. 14. In addition to this, respondents No.4 and 5 have also shown their voluntariness and willingness to enter into the compromise with the petitioners, by stating that compromise has been effected out of their free will, consent and without any pressure. 15. Today, similar joint statement of the petitioners has also been recorded, on oath. 16. Heard. 17. In this case, the criminal machinery was put into motion, by respondent No.4, by lodging the FIR, in question. Respondent No.4, when appeared, before this Court, has categorically deposed that the petitioners are not the strangers, but his close relatives and as such, in order to maintain their future cordial relations, the matter has been compromised, between the parties. 6 2025:HHC:838 18. The primary purpose of law is to maintain peace and harmony in the society. When, the petitioners and respondents No.4 and 5 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. 19. 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. 20. Moreover, this Court is satisfied with the genuineness of the Compromise Deed Annexure P-2, entered into between the parties, as, the petitioners and respondents No.4 and 5 are the family members and also residents of the same area. 21. Considering all these facts, the petition is allowed and FIR No.122/2020, dated 12.07.2020, registered with Police Station, BSL Colony, Sunder Nagar, District Mandi, H.P., under Sections 451, 323 and 34 of the IPC, as well as, the proceedings resultant thereto, 7 2025:HHC:838 pending before the learned trial Court, are ordered to be quashed. 22. The compromise deed, Annexure P-2, and the statements of the parties, shall form part of the judgment. 23. Pending miscellaneous applications, if any, shall also stand disposed of accordingly. ( Virender Singh ) Judge January 06, 2025 (Gaurav Thakur)