12025:HHC:38833 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr. MMO No. 1088 of 2025 Decided on: 13.11.2025 Banku Ram … Petitioner Versus State of H.P. & anr. …Respondents _____________________________ ______________ Coram Hon’ble Mr. Justice Virender Singh, Judge Whether approved for reporting? ___________________________________________________ For the Petitioner : Petitioner in person with Mr. Nishant Khidtta, Legal Aid Counsel. For the Respondents : Mr. Anup Rattan, Advocate General, assisted by Mr. H.S.Rawat and Mr. Varun Chandel, Addl. A.Gs and Ms. Ranjna Patial, Dy.A.G., for respondent No. 1. Respondent No. 2 in person with Mr. Pankaj Choudhari, Legal Aid Counsel. Virender Singh, Judge (oral) The petitioner has filed the present petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, (hereinafter referred to as ‘the B.N.S.S.) for quashing of FIR No. 81 of 2024, dated 31.7.2024 (hereinafter referred to as ‘the FIR in question’), registered under Sections 127(2), 22025:HHC:38833 115(2), 118 (1) and 238 of the Bharatiya Nyaya Sanhita (hereinafter referred to as ‘the BNS’) with Police Station, Barsar, District Hamirpur, H.P., as well as, the proceedings resultant thereto, stated to be pending before the Court of learned Judicial Magistrate First Class, Barsar, District Hamirpur, H.P. (hereinafter referred to as ‘the trial Court’). 2. Brief facts, leading to filing of the present petition, may be summed up, as under: On 31.7.2025, Police of Police Station, Barsar, Hamirpur received an information, qua a quarrel having been taken place, between the petitioner and one Sunila Kumari. Thereafter, on the statement of respondent No. 2, FIR has been registered. In the statement of respondent No. 2, she has levelled allegations, qua the petitioner (her husband) that he used to beat her and treat her with cruelty. 3. After registration of the FIR, Police has investigated the matter. On the basis of medical 32025:HHC:38833 report, Section 118(1) of the BNS was added, in this case. Since, the petitioner had not disclosed about the weapon of offence, as such, Section 238 of the BNS was also added, in this case. 4. Thereafter, charge-sheet has been filed, before the Court of learned Judicial Magistrate First Class, Barsar, District Hamirpur, H.P. On 8.3.2025, the matter was listed before the National Lok Adalat, Barsar, District Hamirpur, H.P., and the petitioner has been acquitted from the offences, punishable under Sections 123(2), 115(2), 118(1) and 238 of the BNS. 5. The said order has been assailed by State of H.P., before this Court, by way of Cr. MMO No. 772 of 2025, titled as, ‘State of H.P. versus Banku Ram’, which stands allowed, by this Court, today. 6. In view of the fact that vide judgment of even date, passed in Cr. MMO No. 772 of 2025, it has been held that offences, punishable under Sections 118(1) and 238 of BNS could not be compounded, 42025:HHC:38833 before the Lok Adalat, as such, FIR, qua these offences, as well as, proceedings resultant thereto, with regard to the aforesaid offences, have been revived, by this Court. As such, present petition has been filed to quash the FIR, qua offences, under Sections 118(1) and 238 of the BNS. 7. Respondent No. 2, who, at one point of time, had levelled the allegations, against the petitioner, when, appeared before this Court, today, has not only reiterated the factual position,with regard to lodging of the FIR, which resulted into the proceedings, pending before the learned trial Court, but, categorically stated that she is residing happily with the petitioner, in her matrimonial home, and she has no objection, in case, the present petition is allowed, by quashing the FIR in question, as well as, the proceedings resultant thereto. 8. 8. Similar type of statement has also been made by the petitioner. 9. Heard. 52025:HHC:38833 10. The primary purpose of law is to maintain peace in the society and when, the parties to the lis, i.e. petitioner and respondent No. 2, are not strangers, but husband and wife, who, compelled by the circumstances, had an altercation with each other, and now, have buried their disputes and compromised the matter, then, the continuation of the criminal proceedings, arising out of FIR in question, lodged by respondent No. 2, would certainly amount to abuse of the process of law. 11. Although, on the basis of good sense, which has prevailed upon them, the offences have been compounded before the National Lok Adalat on 8.3.2025, however, offences under Sections 118(1) and 238 of BNS could not be compounded, as these are non- compoundable offences. As such, State of H.P., has assailed the award, passed by the National Lok Adalat, before this Court, by way of Cr. MMO No. 772 of 2025, titled as, ‘State of H.P. versus Banku Ram’, which has been allowed, vide judgment of even date, passed in the said petition. As such, the proceedings resultant to the 62025:HHC:38833 FIR in question, qua the offences, punishable under Sections 118(1) and 238 of BNS, have revived. 12. The compromise, Ext. PX has been filed in the open Court. This Court is satisfied with the genuineness of the said compromise, and considering the totality of the circumstances, according to which, petitioner and respondent No. 2, are residing together happily, if the proceedings against the petitioner, qua the offences, punishable under Sections 118(1) and 238 of BNS, are kept alive, before the learned trial Court, it would be nothing, but the abuse of process of law. 13. Acceptance of the compromise will save the precious judicial time of the learned trial Court, as, the learned trial Court will be in a position to devote such time, for deciding some other serious disputes, pending before it. Even otherwise, acceptance of petition is also required to save the marriage of petitioner and respondent No. 2. 14. Considering all these facts, the present petition is allowed and FIR in question, as well as, proceedings consequent thereto, with regard to offences punishable 72025:HHC:38833 under Sections 118(1) and 238 of BNS, are quashed, as the offences, punishable under Sections 127 (2) and 115(2), have already been compounded before the National Lok Adalat, Barsar, District Hamirpur, H.P., on 8.3.2025. 15. The statements, so recorded today and the compromise, Annexure P-X, be read as part of the judgment. 16. The pending miscellaneous application(s), if any, also stands disposed of. (Virender Singh) Judge 13.11.2025 Kalpana