1  ( 2025:HHC:45802 ) IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.MMO No.1262 of 2025 Date of Decision: 24.12.2025 Deepak Kumar & Ors. …Petitioners Versus State of H.P. & Ors. …..Respondents Coram: The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the Petitioners : Petitioners in person with Mr. Arun Sehggal, Advocate. For the Respondents : Mr. H.S. Rawat and Mr. Mohinder Zharaick Additional Advocates General for respondents No.1 and 2. Respondent No.3, in person with Ms. Anita Devi, Advocate. 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.167 of 2022, dated 29.10.2022, (hereinafter referred to as the FIR, in question), registered with Police Station, Jawali, District Kangra, H.P., under Sections 498-A, 406 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 1 Whether reporters of Local Papers may be allowed to see the judgment? 2  ( 2025:HHC:45802 ) Judicial Magistrate, First Class, Jawali, District Kangra, 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 petitioners, the marriage of petitioner No.1 was solemnized with respondent No.3, on 11.08.2022, as per Hindu rites and rituals. Thereafter, some matrimonial dispute has arisen between petitioner No.1 and respondent No.3. Subsequently, respondent No.3 has lodged the FIR, in question, against the petitioners. 4. It is the case of the petitioners that after registration of FIR, the police has investigated the matter and the final report, under Section 173(2) of CrPC, has been submitted, which is pending adjudication, before the learned trial Court. 5. It is the further case of the petitioners that thereafter, a petition, under Section 13-B of the Hindu Marriage Act, was filed, before the Court of learned Principal Judge, Family Court, Nurpur, District Kangra, H.P., for dissolution of the marriage of petitioner No.1 and respondent No.3, by decree of divorce, by way of mutual consent. In the said petition, joint statements for the first 3  ( 2025:HHC:45802 ) motion, have been recorded and the matter has now been listed on 31.12.2025. 6. According to the petitioners, thereafter, the matter has been compromised between both the parties, vide Annexure P-2. 7. 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. 8. When, put to notice, respondents No.1 & 2- 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.3, as well as, the manner, in which, the investigation has been conducted, by the police, in this case. 9. Today, respondent No.3-complainant appeared before the Court and has made a statement, on oath, that her marriage was solemnized with petitioner No.1, on 11.08.2022. After the marriage, due to non-compatibility of temperament, it was not possible for her to live in the matrimonial home with her husband (petitioner No.1) and 4  ( 2025:HHC:45802 ) due to all these facts, she lodged the FIR, in question, against the petitioners. 10. As per further deposition of respondent No.3, she had filed the petition, under Section 13-B of the Hindu Marriage Act, for dissolution of her marriage with petitioner No.1, by way of decree of divorce, before the Court of learned Principal Judge, Family Court, Nurpur, District Kangra, H.P. 11. Respondent No.3 has further deposed that her marriage with petitioner No.1 has now been dissolved and the matter has been compromised between her and the petitioners, as such, she does not want to proceed further with the FIR, in question. 12. Apart from this, respondent No.3 has also shown her voluntariness and willingness to enter into the compromise with the petitioners, by stating that she has entered into the compromise with the petitioners voluntarily and without any influence from any person. 13. In addition to this, respondent No.3 has made no objection, in case, the present petition is allowed and the FIR, in question, as well as, the proceedings resultant thereto, are quashed, which are pending before the Court of 5  ( 2025:HHC:45802 ) learned Judicial Magistrate, First Class, Jawali, District Kangra, H.P. 14. Similar statement of petitioner No.1 and joint statements of petitioner No.2 to 5 has also been recorded, today. 15. Heard. 16. In this case, the criminal machinery was put into motion, by respondent No.3, by lodging the FIR, in question, against the petitioners. During the pendency of the case before the learned trial Court, when, it has been felt by petitioner No.1 and respondent No.3 that it was not possible for them to live together, as husband and wife, then, they had decided to part their ways. Consequently, a joint petition, have moved, under Section 13-B of the Hindu Marriage Act, before the Court of learned Principal Judge, Family Court, Nurpur, for dissolution of marriage. In the said petition, joint statements, for the first motion, have been recorded and the matter has now been fixed for 31.12.2025. 17. Not only this, they have also settled all their inter se disputes by way of the Compromise Annexure P-2. From the statements of the parties to the present petition, 6  ( 2025:HHC:45802 ) this Court is satisfied with regard to the genuineness of the said compromise. 18. When, the parties have buried all their disputes, by compromising the matter, vide compromise deed, Annexure P-2, then, forcing them to pursue/contest this litigation would be nothing, but, abuse of the process of law. 19. The primary purpose of law is to maintain peace and harmony in the society. When, petitioner No.1 and respondent No.3 have already parted their ways, then, the pendency of the criminal proceedings, arising out of FIR, in question, would certainly come in their way to resettle in their lives. 20. 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. Moreover, this Court is satisfied with the genuineness of the compromise (Annexure P-2), entered into between the parties. 21. Considering all these facts, the petition is allowed and FIR No.167 of 2022, dated 29.10.2022, 7  ( 2025:HHC:45802 ) registered with Police Station, Jawali, District Kangra, H.P., under Sections 498-A, 406 & 34 of IPC, as well as, the proceedings resultant thereto, against the petitioners, which are pending before the learned trial Court, are ordered to be quashed. 22. The compromise, Annexure P-2, and the statements of the parties, recorded today in the Court, shall form part of the judgment. 23. Pending miscellaneous application(s), if any, shall also stand disposed of accordingly. (Virender Singh) Judge December 24, 2025 (subhash)