Extracted from the PDF above. The PDF is authoritative.
1 2025:HHC:13576 ) IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.MMO No.40 of 2025 Date of Decision: 09.05.2025 Tawarsu
…Petitioner
Versus State of H.P. & Anr. …..Respondents Coram: The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the Petitioner : Petitioner in person with Mr. Dhananjay Sharma, Advocate. For the Respondents : Mr. Tejasvi Sharma and Mr. Mohinder Zharaick, Additional Advocates General, with Mr. Rohit Sharma,
Deputy
Advocate General,
for
respondent No.1/State. Respondent No.2 in person, with Mr. Manik Sethi, Advocate. 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.145 of 2019, dated 26.06.2019 (hereinafter referred to as ‘the FIR in question’), registered under Sections 354-D & 509 of the Indian Penal Code (hereinafter referred to as ‘the IPC’) with Police Station, Boileauganj, District Shimla, H.P., as well as, the 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 2025:HHC:13576 ) proceedings resultant thereto, pending before the learned Additional Chief Judicial Magistrate, Court No.II, Shimla, 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 them. 4. After registration of the FIR, the police has conducted the investigation and submitted the final report, which is now pending adjudication, before the learned trial Court. 5. The terms and conditions of the compromise have been reduced into writing, which are annexed with the petition, as, Annexure P-3. 6. On the basis of the said compromise, a prayer has been made to allow the petition, as prayed for, by quashing of FIR No.145 of 2019, as well as, all the proceedings resultant thereto. 7. When put to notice, the respondent No.1-State has filed the status report, disclosing therein the manner, in which,
3 2025:HHC:13576 ) the FIR, in question, has been registered and the manner, in which, the police has investigated the matter. 8.
Respondent No.2, who, at one point of time, had levelled the allegations against the petitioner and has lodged the FIR, in question, appeared today, before this Court and made a statement, on oath, that due to misunderstanding, she had lodged FIR, in question, against the petitioner. She has deposed that with the intervention of the respectables of the society and in order to maintain their cordial relations and to live peacefully in the society, the matter has now been compromised. 9. Similar type of statement has been made by the petitioner. 10. Heard. 11. As per the stand taken by the parties, the dispute between them has now been settled. The terms and conditions of the compromise, have been placed on record as Annexure P-3. 12. The criminal machinery, in the present case, has been put into motion, by respondent No.2, by lodging the FIR, in question. However, as per the stand, taken by petitioner and
4 2025:HHC:13576 ) respondent No.2, they have compromised the matter, vide compromise, Annexure P-3. 13. The terms and conditions, which have been agreed upon by the parties, in order to settle all the disputes, should be honoured by the Court, as no useful purpose would be achieved, by keeping the proceedings alive. 14. Acceptance of the compromise will also 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. 15. Moreover, this Court is satisfied with the genuineness of the compromise, Annexure P-3, entered into between the parties, as, respondent No.2, while appearing before this Court has categorically stated that she was not under any pressure for entering into the compromise. 16.
Considering all these facts, the petition is allowed and FIR No.145 of 2019, dated 26.06.2019, registered under Sections 354-D & 509 of IPC, with Police Station, Boileauganj, District Shimla, H.P., as well as, the proceedings resultant thereto, pending before the learned trial Court, are ordered to be quashed. 5 2025:HHC:13576 )
17. The Compromise Deed, Annexure P-3, and the statements of the parties, recorded before this Court shall form part of the judgment. 18. Pending miscellaneous applications, if any, shall also stand disposed of accordingly. (Virender Singh)
Judge May 09, 2025 (subhash)