Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr. MMO No. 158 of 2025
Reserved on: 13.05.2025
Date of Decision: 02.06.2025. Prince Midha
....Petitioner
Versus
State of H.P and another
....Respondents Coram Hon’ble Mr Justice Rakesh Kainthla, Judge. Whether approved for reporting? No. For the Petitioner : Mr. Ashok Kumar Thakur. For the Respondents : Mr. Lokender Kutlehria, Additional Advocate General for respondent No.1/State
: Mr. Virender K. Sharma, Advocate, for respondent No.2
Rakesh Kainthla, Judge
The present petition has been filed for quashing of F.I.R. No. 34 of 2024, dated 19.10.2024, registered for the commission of offences punishable under Sections 85, 115(2) and 351(2) of Bharatiya Nyaya Sanhita, 2023 (BNS) at Women Police Station Dharamshala, District Kangra, H.P. It has been asserted that informant is a legally wedded wife of the petitioner/accused. They have settled the dispute amongst themselves and they are residing happily with
2 each other. They do not want to proceed further with the present matter. Hence, the present petition. 3. Statement of respondent No.2/informant was recorded on 24.03.2025, wherein she stated that she has entered into compromise with the accused/petitioner voluntarily without any influence from any person. She was residing happily in her matrimonial home and she had no objection in case the FIR lodged against the petitioner/accused is ordered to be quashed based on the compromise. 4. I have heard learned counsel for the parties and have gone through the records carefully. 5. The offences punishable under Sections 115(2) and 351(2) are compoundable under Section 359 of BNSS. 6. The offence punishable under Section 85 of BNS corresponds to Section 498-A of IPC, which can be quashed based on the compromise as per the judgments passed by this Court in Gian Singh versus State, 2012 (10) SCC 303, Narender versus State of Punjab, 2014 (16) SCC 466, Vikas Singh vs. State of H.P. (2023)I DMC 335 (HP) and Sanjay Kumar vs. State of H.P 2023 (1) Him L.R. 602. These judgments are binding on this Court. 3
7. Consequently, the present petition is allowed and FIR No.34 of 2024, dated 19.10.2024, registered for the commission of offences punishable under Sections 85, 115(2) and 351(2) of BNS at Women Police Station Dharamshala, District Kangra, H.P. and the consequent proceedings pending/initiated against the petitioners- accused in pursuance thereto are also quashed. 8.
Petition stands disposed of in the above terms, so also pending miscellaneous applications, if any. 9. Parties are permitted to produce a copy of this judgment, downloaded from the webpage of the High Court of Himachal Pradesh before the authorities concerned, and the said authorities shall not insist on the production of a certified copy but if required, may verify passing of the order from Website of the High Court. (Rakesh Kainthla)
Judge
02nd June, 2025. (RAVINDER)